•^l^f^ ^~    UNIVERSITY   OF  CALIFORNIA 

DEPARTMENT  OF  EDUCATION 

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^0.     /V^f  ^^,,,,^ 


1905 


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CIVIL  GOVERNMENT 


DESCRIBING 


THE  VARIOUS  FORMS  OF  GOVERNMENT— LOCAL, 

STATE,     AND     NATIONAL— AND     DISCUSSING    THE 

GOVERNMENT  OF  THE  UNITED  STATES  FROM  AN 

HISTORICAL  STAND-POINT 


BY 

EDWARD   SCHWINN,  A.M. 

PRINCIPAL   MT.   AIRY  SCHOOL,   PHILADELPHIA 

AND 

W.  WESLEY  STEVENSON,  A.M. 

PROFESSOR  OF  HISTORY  IN  THE  NORTHEAST  MANUAL  TRAINING  SCHOOL 
PHILADELPHIA 


"PHILADELPHIA  AND  LONDON 

J.   B.   LIPPINCOTT    COMPANY 
1905 


n.^^ 

^^l'^ 


Copyright,  1901 

BY 

J.  B.  LippiNCOTT  Company 


tLECTROTVPED  AND  PRINTED  BY  J.   B.  LIPPINCOTT  COMPANY,  PHILADELPHIA,   U.S.A. 


PREFACE. 


Men  seek  after  liberty,  and  find  it  only  in  being  well 
governed.  The  highest  liberty,  therefore,  is  in  the  best 
government:  a  government  wisely  planned  and  faithfully 
administered. 

The  people  of  the  United  States  when  ordaining  and 
establishing  the  Constitution  were  actuated  by  a  desire  to 
secure  to  themselves  and  their  posterity  the  blessings  of 
liberty.  We  are  now  enjoying  in  a  large  measure  the  civil 
and  religious  freedom  which  our  system  of  government  is 
so  happily  adapted  to  secure.  Whether  these  will  be  en- 
joyed by  our  posterity  will  depend  largely  upon  what  shall 
be  done  to  qualify  the  rising  generation  of  American  youth 
for  the  duties  and  responsibilities  of  freemen. 

In  a  system  of  government  like  ours,  where  the  popular 
will  is  paramount  and  sovereign,  and  where  by  virtue  of 
the  system  itself  every  male  citizen  enjoys  the  privilege 
of  suffrage,  each  individual  is  confronted  with  grave  respon- 
sibilities. Political  privilege  begets  political  responsibility, 
and  a  citizen  who  enjoys  the  one  must  assume  the  other, 
or,  in  his  capacity  as  a  citizen,  be  unpardonably  delinquent. 

In  a  very  few  years  the  destinies  of  the  republic  will  be 
committed  to  those  who  are  now  receiving  instruction  in 
the  schools.  How  important,  then,  that  the  course  of  in- 
struction should  embrace  the  study  of  Civil  Government. 

In  theory  ours  is  a  government  of  the  people  ;  and  that 
it  may  be  such  in/act^  the  people  must  know  how  to  govern. 


iv  PREFACE. 

The  right  of  self-government  can  be  valuable  only  as  it  is 
exercised  intelligently.  In  order  that  the  very  object  of  free 
government  may  not  be  defeated  and  the  people  become 
their  own  oppressors,  they  must  know  how  to  exercise  the 
rights  of  citizenship  intelligently. 

To  the  public  schools  and  the  many  excellent  private  in- 
stitutions of  learning  we  must  look  for  citizens  qualified  for 
the  business  of  self-government.  A  knowledge  of  our  politi- 
cal institutions  is  essential  to  the  greatest  good  of  all ;  and, 
therefore,  the  study  of  Civil  Government  should  form  a  part 
of  every  well-ordered  course  of  study. 

A  desire  to  furnish  a  text-book  suitable  for  class  use  has 
been  the  leading  aim  of  the  authors,  who,  in  sending  forth 
this  work,  indulge  the  hope  that  it  may  prove  a  blessing 
to  American  youths,  by  preparing  them  for  the  efficient  and 
honorable  discharge  of  the  responsible  duties  of  citizenship. 

The  Authors. 
Philadelphia,  February  27,  1901. 


AUTHORS'  NOTE. 


The  language  of  the  explanations  is  well  fitted  for  the 
minds  of  pupils  from  twelve  to  eighteen  years  of  age.  All 
words  that  might  tend  to  cloud  the  thought  have  been 
omitted.  Each  clause  of  the  Constitution  and  its  explana- 
tion have  been  kept  together,  so  that  they  may  be  com- 
pared. To  have  an  explanation  in  one  part  of  the  book  and 
the  clause  in  another  would  cause  confusion.  It  is  better 
to  have  the  necessary  matter  directly  before  the  pupil  than 
to  compel  him  to  refer  to  another  page.  Many  repetitions 
therefore  occur. 

The  Constitution  is  closely  related  to  History.  Many  acts 
in  the  history  of  the  country  were  owing  to  the  application 
of  the  provisions  of  the  Constitution.  Wherever  such 
connections  have  existed,  mention  thereof  has  been  made. 
Under  the  power  to  declare  war,  the  various  wars  of  the 
United  States  have  been  placed.  After  the  provision  for  the 
admission  of  new  States,  the  names  of  States  and  the  dates 
of  their  admission  have  been  recorded. 

Numerous  outlines  and  tables  have  been  inserted.  Out- 
lines are  very  valuable  in  study.  They  contain  the  gist  of 
the  subject,  and  enable  the  pupil  to  have  before  him  its 
important  parts,  shorn  of  details.  The  making  of  outlines 
should  be  encouraged  by  the  teacher. 

Summaries  and  questions  are  placed  at  the  end  of  each 
chapter.    The  questions  may  be  used  or  omitted  at  the 


Vi  AUTHORS'  NOTE. 

discretion  of  the  instructor.  So  many  pointed  questions 
can  be  asked  in  this  study  that  it  is  better  for  the  teacher  to 
prepare  entirely  new  ones. 

The  chapter  on  the  Lives  of  Historical  Characters  should 
be  an  instructive  one.  The  sacrifices  that  these  men  made 
and  the  struggles  through  which  they  went  form  a  model 
to  be  followed.  Their  memories  should  endear  them  to 
those  who  share  in  the  blessings  of  their  efforts.  A  knowl- 
edge of  their  lives  has,  therefore,  been  made  a  part  of  the 
study  of  Civil  Government. 

A  variety  of  historical  and  political  articles  has  been  in- 
serted. It  is  not  intended  that  they  should  be  studied.  As 
supplementary  reading,  it  is  thought  that  they  will  be  inter- 
esting. 

A  Glossary  of  Terms  forms  part  of  the  Appendix.  The 
terms  frequently  mentioned  in  the  text  are  here  briefly  ex- 
plained. A  dictionary  in  the  book  is  much  more  convenient 
than  a  separate  book. 


CONTENTS. 


CHAPTER  PAOK 

I.  Nature  and  Necessity  of  Government 1 

II.  Local  Government 7 

III.  Different  Forms  of  Government 20 

lY.  Colonial  Government  of  America 25 

Y.  Attempts  of  the  Colonies  at  Union 31 

YI.  The  Articles  of  Confederation 39 

YII.  The  Making  of  the  Constitution 45. 

YIII.  The  Congress  of  the  United  States 54 

IX.  Powers  granted  to  Congress 99 

X.  Powers  denied  to  Congress  and  to  the  States  .   .   .  144 

XI.  The  Executive  Department     163 

XII.  The  Judicial  Department 208 

XIII.  Miscellaneous  Provisions  of    the  Constitution  of 

THE  United  States 229 

XIY.  Amendments  to   the  Constitution  of   the   United 

States 265 

XY.  Lives  of  Historical  Characters 279 

XYI.  Political  and  Historical  Articles  .   ; 302 


APPENDIX, 


The  Mayflower  Compact 321 

The  Declaration  of  Independence 322 

The  Articles  of  Confederation 327 

The  Constitution  of  the  United  States 338 

Amendments  to  the  Constitution 350 

The  Emancipation  Proclamation 355 

Glossary  of  Terms 857 

vii 


WHAT  CONSTITUTES  A  STATE? 

What  constitutes  a  State  ? 
Not  high-raised  battlements  or  labored  mounds, 

Thick  wall  or  moated  gate  ; 
Not  cities  proud,  with  spires  and  turrets  crowned  ; 

Not  bays  and  broad-armed  ports, 
Where,  laughing  at  the  storm,  rich  navies  ride  ; 

Not  starred  and  spangled  courts, 
Where  low-browed  baseness  wafts  perfume  to  pride. 

No  !     Men,  high-minded  merij 
With  powers  as  far  above  dull  brutes  endued, 

In  forest,  brake,  or  den, 
As  beasts  excel  cold  rocks  and  brambles  rude  ; 

Men  who  their  duties  know. 
But  know  their  rights,  and  knowing,  dare  maintain, 

Prevent  the  long-aimed  blow, 
And  crush  the  tyrant  while  they  rend  the  chain  : 

These  constitute  a  State. 

Sir  William  Jonks. 


CIVIL    GOVERNMENT. 


CHAPTER  I. 

NATURE  AND  NECESSITY  OF  GOVERNMENT. 

Man  a  Social  Being. — No  person  can  live  wholly  sepa- 
rated from  all  other  persons  and  fulfil  the  purpose  of  his 
creation.  His  comfort,  happiness,  and  development  require 
the  assistance  of  others.  Man  is,  therefore,  naturally  and 
necessarily,  a  social  creature ;  and,  the  world  over,  we  find 
mankind  living  more  or  less  closely  associated.  Such  asso- 
ciation of  mankind  we  call  Society. 

Duties  and  Rights. — Out  of  the  association  of  mankind 
grow  what  are  commonly  called  duties  and  rights.  Every 
member  of  a  society  is  entitled  to  certain  rights  and  privi- 
leges, and  he  is  also  required  to  perform  certain  duties  for 
the  good  of  others.  If  any  person  entering  a  society  claims 
the  privileges  of  such  society,  he  then  assumes  certain  re- 
sponsibilities. Every  right  claimed  implies  a  duty  assumed. 
In  all  societies  duties  and  rights  are  mutual. 

The  Family  and  School. — The  smallest  natural  group 
of  persons  is  the  family,  which  consists  of  father,  mother, 
brothers,  and  sisters.  In  the  family  each  member  has  cer- 
tain duties  to  perform  and  is  entitled  to  certain  rights,  and 
that  family  is  the  best  and  happiest  in  which  parents  and 
children  alike  respect  one  another's  rights  and  are  faithful 
in  the  performance  of,  eyec)C  duty.    ,   . . , 


2  CIVIL  GOVERNMENT. 

In  the  school  the  teacher  and  the  pupils  have  duties  to 
perform,  and  upon  the  faithfulness  of  the  performance  of 
these  duties  depends  the  success  of  the  school.  Teacher 
and  pupils  have  rights  also.  For  instance,  it  is  the  right  of 
the  teacher  to  exact  obedience  from  pupils,  and  it  is  the 
duty  of  pupils  to  obey ;  it  is  the  right  of  the  pupils  to  claim 
instruction  at  the  hands  of  the  teacher,  and  to  instruct  the 
pupils  is  the  teacher's  duty. 

Necessity  of  Government. — If  every  individual  in  any 
community  would  be  faithful  in  the  performance  of  his 
duties,  and  would  not  interfere  with  the  rights  of  others, 
the  management  of  the  affairs  of  society  would  be  very 
simple  indeed;  but  in  every  association  of  men  we  find 
those  who  are  not  willing  to  do  this.  Men  are  prone  to 
selfishness,  and  this  often  leads  them  to  do  things  that  they 
should  not  do,  and  to  neglect  to  do  what  is  required  of 
them.  Moreover,  men  do  not  agree  as  to  what  are  their 
rights  and  duties,  and  if  left  to  themselves  many  disputes 
would  arise  and  much  trouble  would  result.  It  is  necessary, 
therefore,  that  there  be  rules  defining  the  rights  and  duties 
of  members  of  society ;  and  certain  officers  must  be  ap- 
pointed or  elected  to  see  that  these  rules  are  observed. 

Civil  Society. — ^A  civil  society  is  one  that  is  formed  for 
the  purpose  of  government.  While  there  are  no  written 
laws  for  the  government  of  a  family  or  of  a  school,  it  is 
necessary  to  have  such  laws  for  the  government  of  civil 
societies,  and  it  is  necessary  also  to  have  officers  to  enforce 
these  laws. 

Meaningr  of  Government. — Civil  government  is  the  con- 
trol, regulation,   or   management  .'Of  ;  the  affairs   of   civil 


NATURE   AND   NECESSITY   OF   GOVERNMENT.  3 

society.  It  consists  of  laws  which  define  the  rights  and 
duties  of  members  of  the  society,  and  of  a  number  of  per- 
sons called  officers,  whose  duty  it  is  to  see  that  the  laws 
are  obeyed,  and,  if  disobeyed,  to  punish  offenders.  The 
primary  purpose  of  government  is  to  protect  each  individual 
in  the  enjoyment  of  his  rights,  and  to  do  this  it  must  require 
of  each  individual  the  performance  of  certain  duties. 

The  Oonstitution. — When  people  imite  for  the  purpose 
of  government  they  elect  delegates  to  meet  in  convention 
and  make  what  is  called  a  constitution.  When  this  is 
prepared  it  is  submitted  to  the  people,  and  by  majority 
vote  is  adopted.  This  constitution  is  the  fundamental  or 
basal  law  made  by  the  people.  It  directs  what  the  govern- 
ment shall  be,  what  officers  are  to  be  elected,  and  what 
duties  are  to  be  performed.  While  the  constitution  firmly 
establishes  the  general  principles  of  government,  ample 
opportunity  is  left  for  the  free  growth  of  all  necessary  in- 
stitutions. It  also  prescribes  what  laws  may  or  may  not  be 
made.  This  is  the  foundation  of  the  government,  and  no 
law  shall  in  anywise  conflict  with  it. 

Laws. — ^After  the  constitution  is  adopted  by  the  people, 
representatives  are  elected  to  a  convention  called  the  Legis- 
lature or  Congress  for  the  purpose  of  making  laws.  Laws 
are  rules  of  action  made  by  some  proper  authority,  stating 
what  is  right  and  prohibiting  that  which  is  wrong.  These 
laws  are  specific.  They  are  intended  to  meet  particular 
cases,  and  in  almost  all  laws  we  find  a  fixed  penalty  for 
their  violation.  The  purpose  of  all  law  is  to  restrain  the 
evil  and  vicious  and  to  promote  that  which  is  productive  of 
the  peace,  comfort,  and  prosperity  of  the  community. 

In  the  United  States  constitutions  are  adopted  by  the 


4  CIVIL   GOVERNMENT. 

people,  but  the  laws  made  after  the  adoption  of  the  consti- 
tution are  made  by  their  representatives.  Both  law  and 
constitution  govern  the  people  until  new  ones  are  adopted, 
or  until  the  old  ones  are  changed. 

It  is  easily  seen  that  the  Constitution  of  the  United  States 
contains  few  rules  in  comparison  with  the  number  made  by 
the  government.  The  laws  made  since  1789  greatly  exceed 
in  number  those  contained  in  the  Constitution.  The  Con- 
stitution is  like  the  foundation  of  a  building ;  it  is  that  upon 
which  succeeding  specific  laws  are  built. 

A  Statesman  on  Government. — Society  can  no  more 
exist  without  government,  in  some  form  or  other,  than  man 
without  society.  The  political,  then,  is  man's  natural  state. 
It  is  the  one  for  which  his  Creator  formed  him,  into  which 
he  is  impelled  irresistibly,  and  the  only  one  in  which  his 
race  can  exist  and  all  his  faculties  be  fully  developed. 

It  follows  that  even  the  worst  form  of  government  is 
better  than  anarchy,  and  that  individual  liberty  or  freedom 
must  be  subordinate  to  whatever  power  may  be  necessary 
to  protect  society  against  anarchy  within  or  destruction 
without. 

Just  in  proportion  as  a  people  are  ignorant,  stupid,  de- 
based, corrupt,  exposed  to  violence  within  and  dangers 
without,  the  power  necessary  for  government  to  possess,  in 
order  to  preserve  society  against  anarchy  and  destruction, 
becomes  greater  and  greater,  and  individual  liberty  less  and 
less,  until  the  lowest  condition  is  reached,  when  absolute 
and  despotic  power  becomes  necessary  on  the  part  of  the 
government,  and  individual  liberty  becomes  extinct. 

So,  on  the  contrary,  just  as  a  people  rise  in  the  scale  of 
intelligence,  virtue,  and  patriotism,  and  the  more  perfectly 
they  become  acquainted  with  the  nature  of  government,  the 


NATURE  AND  NECESSITY   OF   GOVERNMENT.  5 

ends  for  which  it  was  ordered,  and  how  it  ought  to  be 
administered,  the  power  necessary  for  government  becomes 
less  and  less,  and  individual  liberty  greater  and  greater. 

John  C.  Calhoun. 

SUMMARY. 

1.  Man  is  naturally  and  necessarily  a  social  being.  His  highest 
good  is  dependent  upon  society. 

2.  In  every  society  the  members  are  entitled  to  certain  rights  and 
are  under  obligations  to  perform  certain  duties. 

3.  The  smallest  natural  group  of  persons  is  the  family. 

4.  Government  is  a  necessity,  because  man's  selfishness  leads  him 
to  neglect  his  duties  and  to  disregard  the  rights  of  others. 

6.  A  civil  society  is  one  formed  for  purposes  of  government. 

6.  Civil  government  is  the  control,  regulation,  or  management  of 
the  affairs  of  society. 

7.  The  Constitution  of  the  United  States  is  the  fundamental  law. 
No  law  shall  in  anywise  conflict  with  it. 

8.  Laws  are  specific  rules  for  the  government  of  society,  and  are 
intended  to  restrain  all  that  is  evil  and  vicious  and  promote  that 
which  is  productive  of  the  peace,  comfort,  and  prosperity  of  the  com- 
munity. 

QUESTIONS. 

1.  Why  is  it  necessary  for  man  to  associate  with  man? 

2.  Do  all  classes  of  persons  associate  with  others  to  the  same 
extent?  Illustrate  your  answer  by  taking  two  persons,  one  living  in 
the  country  and  the  other  living  in  the  city. 

3.  What  is  a  duty? 

4.  What  is  a  right  ? 

6.  What  is  the  smallest  natural  group  of  persons  ?  Why  is  it  true 
that  the  best  results  are  obtained  when  the  rights  of  each  are  re- 
spected and  the  duties  of  each  are  properly  performed  ? 

6.  In  what  manner  is  a  school  a  society?  How  may  the  best 
results  be  obtained  in  the  school  ? 

7.  In  what  case  would  government  be  unnecessary  ? 


6  CIVIL   GOVERNMENT. 

8.  What  makes  governments  necessary,  and  what  is  their  purpose? 

9.  A  constitution  marks  the  beginning  of  a  government.     Show  in 
what  manner  this  is  true. 

10.  Laws  are  made  after  the  constitution  is  adopted.     Why  are 
laws  necessary  when  there  is  a  constitution  ? 

11.  Constitutions  and  laws  :  (a)  Define  each ;   (b)  Tell  how  each 
is  made  ;  (c)  What  is  the  difference  between  them? 


CHAPTER    11. 

LOCAL  GOVERNMENT. 

Introduction. — The  United  States  is  composed  of  a 
number  of  States  and  Territories.  Each  State  is  divided 
into  counties,  and  each  county  is  divided  into  townships. 
In  some  States  the  township  is  divided  into  school  dis- 
tricts. The  smallest  civil  unit  that  need  be  considered  is 
the  township.  The  purpose  in  making  these  divisions  of 
States  and  counties  is  to  bring  the  management  of  affairs 
closer  to  the  people  and  thereby  secure  better  government. 

Note. — In  Louisiana  the  divisions  of  the  State  are  called  Parishes. 
In  the  New  England  States  the  divisions  of  counties  are  called  Towns, 
and  in  Delaware  they  are  called  Hundreds. 

Citizenship. — A  citizen  of  any  one  of  the  above-named 
divisions  is  a  person  who  resides  within  the  limits  of  such 
division.  Since  towns  and  townships  are  parts  of  counties, 
counties  parts  of  States,  and  States  parts  of  the  United 
States,  it  follows  that  a  person  may  at  once  be  a  citizen  of 
a  town,  township,  county,  State,  and  nation.  No  State  can 
adopt  a  constitution  or  make  a  law  which  in  anywise  con- 
flicts with  the  Constitution  of  the  United  States,  and  as  all 
towns,  townships,  and  counties  are  subject  to  the  laws  of 
the  State  in  which  they  are  located,  it  is  evident  that  the 
highest  power  lies  in  the  general  government.  If,  then,  we 
are  faithful  in  the  performance  of  our  duties  as  citizens  of 
the  United  States,  we  will  be  true  and  loyal  citizens  of  the 
State,  county,  and  township  in  which  we  live. 

7 


8  CIVIL   GOVERNMENT. 

TOWNSHIP  GOVERNMENT. 

Township  OflBcers. — As  previously  stated,  the  township 
may  be  regarded  as  the  smallest  civil  unit.  The  number 
of  township  officers  is  not  great,  there  being  in  most  cases 
only  an  Assessor,  Tax  Collector,  Constable,  Justice  of  the 
Peace,  and  a  Board  of  School  Directors.  All  these  officers 
have  important  duties  to  perform,  and  upon  the  proper 
discharge  of  these  duties  depend  the  peace,  happiness,  and 
prosperity  of  the  community. 

Duties  of  Township  Oflacers. — It  is  the  duty  of  the  As- 
sessor to  make  a  list  of  taxable  property  and  to  fix  a  value 
upon  said  property,  and  when  the  tax  is  levied  the  Tax 
Collector  collects  it.  The  Justice  of  the  Peace  hears  com- 
plaints brought  by  one  citizen  against  another,  settles  dis- 
putes, or,  if  unable  to  do  so,  returns  them  to  the  county 
court  for  trial.  The  Constable  serves  the  Justice  of  the 
Peace,  and  in  some  cases  does  police  duty.  The  Board  of 
School  Directors  has  charge  of  the  schools. 

Note. — All  towns,  townships,  cities,  counties,  and  States  do  not 
have  the  same  officers.  They  vary  in  name,  number,  and  duties  j 
hence  it  is  suggested  that  the  teacher  explain  to  pupils  these  matters 
as  they  pertain  to  the  particular  locaHties  where  this  book  is  used. 
Pupils  should  be  encouraged  to  gather  information  on  local  condi- 
tions from  parents  and  others,  and  the  teacher  should  take  advantage 
of  every  local  and  general  election  to  instruct  pupils  in  such  matters. 

COUNTY  GOVERNMENT. 

Oounty-Seat. — In  every  county  there  is  a  town  called 
the  county  town,  county-seat,  or  capital.  Here  the  county 
officials  have  their  offices,  and  the  county  courts  are  held 
here  at  stated  intervals.  The  county  prison  is  located  at 
this  place. 


LOCAL   GOVERNMENT.  9 

Oflacers  of  the  County. — In  counties,  as  in  townships, 
the  officers  are  not  always  the  same  in  name  or  number, 
nor  are  their  duties  always  the  same.  Generally  the 
county  officers  are  the  Judge  of  the  Courts,  Sheriff,  Treas- 
urer, District  or  Prosecuting  Attorney,  Clerk  of  the  Courts, 
Recorder,  County  Surveyor,  Auditors,  Coroner,  Superin- 
tendent of  Schools,  and  a  Board  of  Commissioners. 

Duties  of  County  Officers. — It  is  the  duty  of  the  Judge 
of  the  Courts  to  preside  over  the  county  courts  and  to  see 
that  all  business  brought  before  him  is  transacted  in  accord- 
ance with  the  provisions  of  the  law. 

The  Sheriff  serves  the  court,  keeps  the  county  prison, 
and  performs  many  other  important  duties. 

The  Treasurer  is  the  custodian  of  the  funds  of  the 
county,  and  as  such  receives  and  disburses  all  money  be- 
longing to  the  county. 

The  District  Attorney  conducts  all  prosecutions  for  public 
offences  and  defends  the  interests  of  the  people  in  the 
courts. 

The  Clerk  of  the  Courts  keeps  a  record  of  all  the  busi- 
ness of  the  courts,  especially  of  criminal  cases.  In  some 
States  an  officer  called  the  Prothonotary  keeps  the  records 
of  civil  cases  tried  in  the  courts. 

The  Recorder,  sometimes  called  Register  and  Recorder, 
makes  and  keeps  for  future  reference  copies  of  wills,  deeds, 
and  other  important  legal  papers. 

The  County  Surveyor  is  the  officer  who  surveys  land, 
surveys  new  roads,  and  traces  the  boundaries  between  tracts 
of  land. 

The  Auditors  examine  and  certify  to  the  correctness  of  the 
accounts  of  officials  who  have  anything  to  do  with  receiving 
and  paying  out  public  money. 


10  CIVIL   GOVERNMENT. 

The  Coroner  inquires  into  the  cause  of  the  death  of  per- 
sons who  have  met  death  by  violence  or  from  some  un- 
known cause.  The  Coroner  is  assisted  by  a  number  of 
citizens  who  together  are  called  a  Coroner's  jury.  The 
purpose  of  the  Coroner's  inquest  is  to  fix  the  responsibility 
for  death  from  other  than  natural  causes. 

The  Superintendent  of  Schools  is  charged  with  the  duty 
of  looking  after  the  educational  interests  of  the  people  of 
the  county. 

The  County  Commissioners  have  much  to  do  in  the 
management  of  the  affairs  of  the  county.  They  look  after 
all  property  belonging  to  the  county,  build  bridges,  levy 
taxes  for  county  purposes,  equalize  assessments,  etc.  This 
board  generally  consists  of  three  members. 

TOWN  AJSTD  CITY  GOVERNMENT. 

Incorporated  Towns. — When  large  numbers  of  people 
are  crowded  together,  as  in  cities  and  towns,  vice  and  crime 
increase,  and  it  is  then  necessary  to  have  a  more  rigid  gov- 
ernment than  in  rural  districts  where  the  people  do  not  live 
so  closely.  For  purposes  of  government,  towns  and  cities 
are  incorporated,  that  is  to  say,  they  are  made  separate  civil 
units.  They  are  given  a  charter  which  grants  some  special 
privileges. 

Town  Oflacers. — Incorporated  towns  have  what  is  known 
as  a  Mayor  or  Burgess,  who  is  the  chief  executive  officer. 
Then  there  is  a  Council  composed  of  citizens  elected  by  the 
people.  This  Council  makes  laws  for  the  government  of 
the  town.  These  laws  are  called  ordinances,  and  relate 
chiefly  to  the  management  of  the  markets,  improvement  of 
streets,  protection  against  fires,  and  all  other  matters  per- 
taining to  the  general  welfare  of  the  town.    There  are  also 


LOCAL   GOVERNMENT.  11 

Constables,  Justices  of  the  Peace,  School  Directors,  and,  in 
some  cases,  a  police  force.  In  small  towns  the  constables 
do  police  duty.  The  duties  of  Constable,  Justices  of  the 
Peace,  and  School  Directors  are  the  same  as  are  performed 
by  the  same  officers  in  the  township. 


Divisions  of  Cities  and  Towns. — Most  towns  and  all 
cities  are  divided  into  wards,  and  wards  are  divided  into 
precincts.  The  latter  division  is  made  chiefly  for  election 
purposes. 

City  Government. — The  government  of  a  large  city  is 
more  difficult  and  consequently  more  complicated  than  the 
government  of  a  small  town.  The  duties  of  city  govern- 
ment may  be  enumerated  as  follows :  To  repress  crime  and 
violence ;  to  prevent  epidemics ;  to  clean  and  pave  the 
streets ;  to  protect  property  against  fires  ;  to  construct  side- 
walks, sewers,  and  bridges;  to  maintain  a  suitable  police 
force ;  to  provide  educational  facilities ;  to  regulate  places 
of  amusement ;  and  to  do  everything  to  restrain  the  evil, 
vicious,  and  lawless,  and  to  promote  the  peace,  comfort, 
and  prosperity  of  the  community.  The  larger  the  city  the 
greater  is  its  peril  and  the  greater  the  need  of  a  strong 
government. 

Cities  act  under  a  charter,  which  is  a  sort  of  fundamental 
law  setting  forth  the  manner  in  which  the  city  is  to  be 
governed. 

Usually  city  governments  are  divided  into  departments, 
such  as  the  Police  Department,  Street  Department,  Fire 
Department,  Law  Department,  Tax  Department,  etc.  The 
Coimcils  of  large  cities  are  divided  into  two  branches, — Com- 
mon Council  and  Select  Council. 


12  CIVIL   GOVERNMENT. 


STATE  GOVERNMENT. 

State  Constitution. — ^The  government  of  each  State  is 
provided  for  in  its  constitution,  which  is  formed  by  delegates 
chosen  by  the  people.  After  the  constitution  is  framed  it 
is  submitted  to  the  people  for  their  approval,  and  if  a  ma- 
jority of  the  qualified  voters  favor  the  constitution  it  then 
becomes  the  fundamental  law  or  basis  of  the  State  govern- 
ment. This  constitution  provides  that  when  it  no  longer 
meets  the  needs  of  the  people  it  may  be  altered  or  set  aside 
and  a  new  one  made  and  adopted  as  at  first. 

Departments  of  State  Government. — All  State  consti- 
tutions provide  for  three  departments,  the  names  and  the 
functions  of  which  are  as  follows : 

1.  The  Legislative  Department,  in  which  is  vested  the  power  to 
make  all  laws  for  the  government  of  the  State. 

2.  The  Executive  Department,  which  is  charged  with  the  execu- 
tion or  enforcement  of  the  laws. 

3.  The  Judicial  Department,  which  interprets  and  applies  all  laws 
and  decides  disputes  between  individuals. 

Legislative  Department. — The  Legislative  Department 
of  the  State  government  consists  of  a  State  Senate  and  a 
House  of  Representatives,  or  Assembly,  which  together 
constitute  the  State  Legislature.  Of  the  two  branches  the 
Senate  is  regarded  as  the  higher,  but  the  House  has  the 
greater  number  of  members.  In  some  States  members  of 
the  House  are  elected  for  two  years  and  Senators  for  four 
years.  The  meetings  of  the  State  Legislatures  are  held 
annually  or  biennially,  but  when  public  interests  demand 
it  the  Governor  may  call  a  special  session. 


LOCAL   GOVERNMENT.  13 

Note. — As  the  organization  of  the  State  Legislature,  the  manner  of 
passing  laws,  etc. ,  are  similar  to  methods  pursued  in  Congress,  it  is 
not  necessary  here  to  discuss  these  matters.  The  teacher  can  pursue 
the  course  deemed  best  for  his  class. 

Executive  Department. — ^The  principal  officers  consti- 
tuting what  is  commonly  called  the  Executive  Department 
of  the  State  are  the  Governor,  Lieutenant-Governor,  Secre- 
tary of  State,  Treasurer,  Attorney-General,  Adjutant-Gen- 
eral, Auditor-General,  Insurance  Commissioner,  and  Super- 
intendent of  Public  Instruction.  In  some  States  all  these 
officers  are  elected  by  the  people ;  in  other  States  some  are 
elected  and  others  are  appointed  by  the  Governor. 

Duties  of  the  Governor. — As  the  chief  executive  it  is 
the  Governor's  duty  to  see  that  the  laws  are  faithfully 
executed.  He  performs  all  the  executive  business  that  is 
to  be  transacted  with  officers  of  the  government,  both  civil 
and  military.  He  may  call  for  information  in  writing  re- 
specting the  conduct  of  their  offices  from  the  officers  of  the 
Executive  Department.  Upon  the  request  of  a  Governor  of 
another  State  he  may  issue  an  order  for  the  return  of  any 
criminal  who  may  have  fled  from  justice.  Such  request 
from  the  Governor  of  another  State  is  called  a  requisition, 
and  the  order  for  the  return  of  the  criminal  is  called  an 
order  of  extradition. 

The  Governor  is  closely  associated  with  the  Legislature, 
as  his  assent  is  necessary  to  give  legal  force  to  an  act  of  the 
Legislature,  and  his  veto  prevents  an  act  from  becoming  a 
law  unless,  by  a  two-thirds  vote,  the  Legislature  overrides 
his  veto.     He  can  call  the  Legislature  in  special  session. 

He  is  commander-in-chief  of  the  State  militia,  and  as  such 
he  may  act  in  cases  of  foreign  invasion  or  of  serious  internal 
disorder. 


14  CIVIL   GOVERNMENT. 

The  Governor  issues  commissions  to  certain  officials. 
He  has  also  power  to  appoint  certain  officers  when  a 
vacancy  occurs  and  no  other  means  of  filling  such  va- 
cancy has  been  provided.  He  nominates,  subject  to  the 
approval  of  the  State  Senate,  all  officers  not  elected  by  the 
people. 

He  has  power  to  grant  pardons,  reprieves,  and  commuta- 
tion of  sentence  after  conviction  in  all  cases  except  treason 
and  impeachment. 

The  Lieutenant-Governor. — The  Lieutenant-Governor 
stands  in  the  same  relation  to  the  Governor  of  a  State  as 
does  the  Vice-President  to  the  President  of  the  United 
States.  His  only  duty  is  to  preside  over  the  State  Senate, 
in  which  he  has  a  vote  only  in  case  of  tie.  He  succeeds  to 
the  governorship  when  there  is  a  vacancy.  All  States  do 
not  have  a  Lieutenant-Governor. 

Secretary  of  State. — The  Secretary  of  State  keeps  a 
record  of  the  official  acts  of  the  Legislature  and  the  Execu- 
tive Department  of  State  government,  affixes  the  great 
seal  of  the  State  to  all  commissions,  pardons,  and  other 
public  instruments  to  which  the  official  signature  of  the 
Governor  is  required,  records  all  conveyances  to  the  State, 
all  articles  of  incorporation  filed  in  his  office,  and  all  official 
bonds,  and  he  publishes  the  acts  of  the  Legislature. 

The  State  Treasurer. — The  State  Treasurer  keeps  all 
moneys  belonging  to  the  State,  and  pays  out  the  same  on 
warrants  issued  in  accordance  with  the  law.  He  must, 
when  requested,  give  to  the  Legislature  information  as  to 
the  condition  of  the  Treasury. 


LOCAL   GOVERNMENT.  15 

The  Attomey-GeneraL — It  is  the  duty  of  the  Attorney- 
General  to  prosecute  or  defend  in  the  courts  all  cases  in 
which  the  State  or  any  officer  thereof,  in  his  official  capacity, 
is  a  party.  It  is  also  his  duty  to  give  his  opinion  in  writing 
upon  any  question  of  law  relating  to  any  of  the  offices  of 
the  Executive  Department. 

Superintendent  of  Public  Instruction. — The  Superin- 
tendent of  Public  Instruction  has  general  supervision  of  the 
educational  work  of  the  State.  By  his  department  are 
collected  valuable  statistics  relating  to  the  public  schools 
and  other  educational  institutions  supported  wholly  or  in 
part  by  public  money,  and  this  information  is  given  to  the 
public  in  a  report  published  annually  or  biennially. 

Other  State  Oflacers. — ^The  Adjutant-General,  acting 
under  the  direction  of  the  Governor,  provides  for  and  has 
general  charge  of  the  State  militia. 

The  Auditor-General,  sometimes  called  the  State  Auditor, 
or  Comptroller,  is  the  financial  agent  of  the  State.  He 
examines  and  adjusts  all  claims  and  accounts  against  the 
State,  and  orders  the  payment  of  such  as  he  approves. 

The  Insurance  Commissioner  protects  the  interests  of 
the  people  by  keeping  general  oversight  of  the  insurance 
companies  doing  business  in  the  State. 

THE  JUDICIAL  DEPARTMENT. 

The  Different  Courts. — The  judicial  power  of  the  State 
is  vested  in  certain  courts,  variously  named.  The  lowest 
court  is  that  presided  over  by  the  Justice  of  the  Peace. 
Then  there  are  County  Courts,  a  Superior  Court,  and  a 
Supreme  Court.    All  of  the  courts  are  established  by  the 


16  CIVIL   GOVERNMENT. 

constitution  and  by  laws  enacted  by  the  State  Legislature. 
When  sitting  as  a  court  of  impeachment,  the  Senate  has 
judicial  power. 

Progress  of  Suits  at  Law. — A  citizen  having  cause  for 
complaint  against  another,  makes  information  before  a  Jus- 
tice of  the  Peace,  who,  if  unable  to  settle  the  dispute,  returns 
it  to  the  county  court  for  trial.  Here  the  case  is  first 
reviewed  by  what  is  called  a  grand  jury ;  and,  if  in  the 
judgment  of  this  jury  the  case  is  worthy  of  further  consid- 
eration, it  reports  to  the  court  that  in  such  case  they  find 
a  "  true  bill."  Then  the  case  is  called  in  court  and  tried  by 
twelve  men, ,  who  constitute  what  is  known  as  the  petit 
jury.  If  either  plaintiff  or  defendant  to  the  suit  be  dissat- 
isfied with  the  verdict  of  the  county  court,  he  can  appeal 
to  one  of  the  higher  courts.  The  Supreme  Court  is  the 
highest  State  court  to  which  a  citizen  may  appeal. 

Board  of  Pardons. — It  is  not  the  desire  of  the  govern- 
ment unjustly  to  deprive  any  person  of  life  or  liberty,  and, 
therefore,  there  has  been  provided  an  additional  safeguard 
in  the  Board  of  Pardons.  If,  after  a  case  has  been  carried 
through  all  the  courts  and  the  convicted  person  has  been 
sentenced,  it  should  appear  from  after-discovered  evidence, 
or  from  any  cause,  that  injustice  has  been  done  the  person 
under  sentence,  he  may  ask  the  Board  of  Pardons  to  re- 
view his  case.  This  Board  is  usually  made  up  of  certain 
State  officers.  If  the  Board  of  Pardons  should  reach  the 
conclusion  that  the  convicted  person  has  been  unjustly 
condemned  or  has  been  too  severely  punished,  they  recom- 
mend him  to  executive  clemency.  The  Governor  has  the 
power  to  pardon  the  person  or  commute  his  sentence. 


LOCAL    GOVERNMENT  17 

SUMMARY. 

1.  To  bring  the  management  of  public  affairs  closer  to  the  people 
and  thereby  secure  better  government,  States  are  divided  into  counties 
and  counties  into  townships. 

2.  The  township  is  the  smallest  civil  unit. 

3.  The  principal  township  officers  are  Assessor,  Tax  Collector, 
Justice  of  the  Peace,  and  a  Board  of  School  Directors. 

4.  The  county  town  is  the  place  where  the  officers  of  a  county 
have  their  offices,  where  the  county  courts  are  held,  and  where  the 
county  prison  is  located. 

5.  The  principal  officers  in  a  county  are  Judge  of  the  Courts, 
Sheriff,  Treasurer,  District  Attorney,  Clerk  of  the  Courts,  Recorder, 
Surveyor,  Auditors,  Coroner,  Superintendent  of  Schools,  and  a  Board 
of  Commissioners. 

6.  Towns  and  cities  require  a  more  rigid  government  than  rural 
districts  because  of  the  increase  of  vice  and  crime  when  large  num- 
bers of  persons  are  brought  together. 

7.  To  incorporate  a  town  is  to  make  it  a  separate  civil  unit. 

8.  Aside  from  the  Burgess  and  town  Council,  the  officers  of  a 
town  are  generally  the  same  as  those  of  a  township. 

9.  Towns  and  cities  are  divided  into  wards,  and  in  cities  wards  are 
divided  into  precincts. 

10.  However  varied  the  duties  of  the  city  government,  the  purpose 
is  to  restrain  the  evil,  vicious,  and  lawless,  and  to  promote  the  peace, 
comfort,  happiness,  and  prosperity  of  the  people. 

11.  Special  laws  passed  by  town  or  city  Councils  are  called  ordi- 
nances. Such  ordinances  must  not  in  anywise  conflict  with  State  or 
national  laws. 

12.  City  governments  are  divided  into  departments,  such  as  Police 
Department,  Street  Department,  Fire  Department,  Tax  Department, 
and  Law  Department. 

13.  The  Councils  of  large  cities  are  divided  into  two  branches, — 
Common  Council  and  Select  Council. 

14.  The  State  government  is  provided  for  in  a  State  constitution 
adopted  by  the  people. 

15.  The  State  government  consists  of  three  departments, — Legisla- 
tive, Executive,  and  Judicial. 

2 


18  CIVIL   GOVERNMENT. 

16.  The  Legislative  Department  consists  of  a  State  Legislature 
composed  of  two  branches, — viz.,  Assembly  and  Senate. 

17.  The  principal  officers  of  the  Executive  Department  are  Governor, 
Lieutenant-Governor,  Secretary  of  State,  Treasurer,  Attorney-General, 
Adjutant-General,  Auditor-General,  Insurance  Commissioner,  and 
Superintendent  of  Public  Instruction.  Some  of  these  officers  are 
elected  by  the  people,  others  are  appointed  by  the  Governor  with  the 
consent  of  the  State  Senate. 

18.  The  Judicial  Department  consists  of  various  courts  established 
by  the  State  constitution  and  by  laws  made  by  the  Legislature. 

19.  Suits  at  law  are  begun  in  a  court  of  a  Justice  of  the  Peace  and 
are  then  tried  in  the  county  court.  Appeals  are  sometimes  taken  to 
the  higher  courts.  The  Supreme  Court  is  the  highest  State  court  to 
which  any  citizen  can  appeal. 

QUESTIONS. 

1.  Of  what  is  the  United  States  composed? 

2.  How  are  States,  counties,  towns,  and  cities  divided? 

3.  What  is  the  smallest  civil  unit  considered  in  this  book? 

4.  What  is  the  object  in  dividing  States  and  counties? 

5.  What  are  the  divisions  of  the  State  of  Louisiana  called  ? 

6.  What  names  are  given  to  townships  in  New  England  and  Dela- 
ware? 

7.  Of  what  are  you  a  citizen  ? 

8.  Name  the  township,  town,  or  city,  and  the  county  and  State 
of  which  you  are  a  citizen. 

9.  Name  the  principal  officers  of  a  township. 

10.  What  are  the  duties  of  each  township  officer? 

11.  Why  do  towns  and  cities  require  a  more  rigid  government? 

12.  Name  the  principal  officers  of  a  town. 

13.  What  are  the  duties  of  each  town  officer? 

14.  What  is  the  title  of  the  executive  officer  of  a  town  ? 

15.  What  is  said  of  the  departments  of  city  government? 

16.  What  are  the  duties  of  each  department? 

17.  What  body  makes  the  special  laws  for  the  government  of  a 
town  or  city?     Of  what  is  it  composed  ? 

18.  What  is  a  town  or  city  law  called  ? 

19.  In  what  county  do  you  live  ? 


LOCAL  GOVERNMENT.  19 

20.  Name  the  county-seat. 

21.  Name  the  principal  officers  in  your  county. 

22.  Name  the  persons  now  filling  those  offices. 

23.  What  are  the  duties  of  each  officer? 

24.  How  many  counties  are  in  your  State  ? 

25.  What  is  the  fundamental  law  of  a  State  ? 

26.  How  is  a  State  constitution  made  ? 

27.  How  many  departments  in  State  government? 

28.  State  briefly  the  function  of  each  department. 

29.  Of  what  is  the  State  Legislature  composed  ? 

30.  How  are  the  members  of  State  Legislatures  elected?  What 
is  the  term  of  an  Assemblyman?  What  is  the  term  of  a  State 
Senator  ? 

31.  When  does  your  State  Legislature  meet? 

32.  Name  the  principal  officers  in  the  Executive  Department. 

33.  Name  the  persons  now  filling  these  offices. 

34.  Tell  briefly  what  are  the  duties  of  each  State  officer. 

35.  Name  the  different  courts  constituting  the  Judicial  Department 
of  the  State. 

36.  Tell  of  the  progress  of  a  suit  at  law. 

37.  Which  is  the  court  of  last  resort  in  a  State? 

38.  Tell  all  you  know  of  the  Board  of  Pardons. 


CHAPTER    III. 

DIFFERBNT  FORMS  OF  GOVERNMENT. 

Different  Countries  and  Peoples. — From  your  study  of 
geography  you  have  learned  that  the  surface  of  the  earth 
is  divided  into  many  countries,  and  that  these  countries  are 
inhabited  by  peoples  differing  in  manners,  customs,  lan- 
guage, education,  and  in  their  advancement  in  the  arts  and 
sciences.  In  view  of  these  varied  conditions,  it  is  not  sur- 
prising that  there  should  be  different  forms  of  government. 

Forms  of  Government. — Although  there  are  many 
countries,  the  forms  of  government  may  be  arranged  in 
four  classes,  as  shown  in  the  following  table : 


Forms  of  Government 


1.  Monarchy. 

2.  Aristocracy. 

3.  Democracy. 
I  4.  KepuWic. 


s: 


Absolute. 
2.  Limited. 


Monarchy. — In  a  monarchy  the  power  is  vested  in  one 
person,  who  generally  inherits  the  office,  and  who  holds 
the  place  at  his  pleasure  or  for  life,  and  at  death  the  place 
is  given  to  some  member  of  his  family.  Various  titles  are 
applied  to  monarchs,  such  as  King,  Queen,  Emperor,  Em- 
press, Czar,  Mikado,  Shah,  Khedive. 

Different  Kinds  of  Monarchies. — Monarchies  are  of  two 
classes,  divided  according  to  the  power  of  the  chief  person 
in  each.  Those  monarchies  in  which  the  rulers  have  abso- 
lute power  over  their  subjects  are  called  Absolute  Mon- 

20 


DIFFERENT   FORMS   OF   GOVERNMENT. 


21 


archies.     In  an  absolute  monarchy  the  sovereign  may  make 
the  laws,  see  that  they  are  executed,  and  punish  offenders. 


Country. 

Ruler. 

Social  Condition. 

Kussia. 

Czar. 

Civilized. 

Turkey. 

Sultan. 

Civilized. 

Absolute  Monarchies  .  : 

China. 
Persia. 

Emperor. 
Shah. 

Civilized. 
Semi-Civilized. 

Egypt. 

Khedive. 

Semi-Civilized. 

Morocco. 

Sultan. 

Semi-Civilized. 

Limited  Monarchy.- — A  Limited  Monarchy  is  that  form 
of  government  in  which  the  sovereign's  power  over  his 
subjects  is  limited  by  a  set  of  laws  called  a  constitution. 
This  form  is  also  called  a  Constitutional  Monarchy. 


Country. 

Ruler. 

Social  Condition. 

Great    Britain    and 
Ireland. 

King  or  Queen. 

Enlightened. 

Sweden  and  Norway. 

King  or  Queen. 

Enlightened. 

Germany. 

Emperor  or 
Empress. 

Enlightened. 

Limited 
Monarchies  . 

Austria-Hungary. 

Emperor  or 
Empress. 

Civilized. 

Netherlands. 

King  or  Queen. 

Enlightened. 

Belgium. 

King  or  Queen. 

Enlightened. 

Greece. 

King  or  Queen. 

Civilized. 

Japan. 

Mikado. 

Enlightened. 

Italy. 

King  or  Queen. 

Enlightened. 

Difference  between  Absolute  and  Limited  Monarchies. 

1.  All  limited  monarchies  have  constitutions,  thereby  giving  the 
people  more  power. 


22  CIVIL    GOVERNMENT. 

2.  In  limited  monarchies  the  people  are  generally  enlightened, 
while  in  absolute  monarchies  they  are  but  civilized. 

3.  In  an  absolute  monarchy  the  ruler  exercises  all  the  powers  of 
government,  while  in  a  limited  monarchy  the  people  as  well  as  the 
ruler  take  part  in  the  government. 

Aristocracy. — An  aristocracy  is  a  government  controlled 
by  a  few  men.  These  men  are  well  known  to  the  people 
by  their  wisdom  or  wealth,  or  by  having  performed  some 
great  service  for  the  country.  This  form  of  government 
never  existed  to  a  great  extent  in  any  part  of  the  world. 
Venice  at  one  time  was  under  such  a  form.  A  few  of  the 
Swiss  Cantons  were  formerly  aristocracies. 

Democracy. — A  democracy  is  that  form  of  government  in 
which  the  people  decide  for  themselves  what  shall  be  done 
on  all  occasions.  In  this  form  the  people  are  their  own 
sovereigns.  This  system  existed  in  the  early  history  of 
Rhode  Island  and  in  the  "  Town  System  of  New  England." 
Some  of  the  Swiss  Cantons  are  good  examples  of  this  form. 
It  is  the  best  system  of  government  that  can  be  devised  for 
a  community  having  a  small  population,  but  in  any  country 
where  the  population  is  large,  it  would  be  almost  impossible 
to  assemble  all  of  the  people  in  a  certain  place  at  a  speci- 
fied time.  In  such  an  assemblage  it  would  also  take  a  long 
time  to  obtain  the  opinions  of  the  people  on  any  question, 
and  the  work  of  the  people  would  have  to  be  neglected  in 
order  that  they  might  attend  such  meeting. 

Republic. — A  republic  is  that  form  of  government  in 
which  the  voice  of  the  people  is  shown  through  their  repre- 
sentatives. Instead  of  all  men  giving  their  opinions  g.  cer- 
tain few  are  elected  from  the  entire  number  to  act  for  them. 
These  men  are  called  representatives.     In  a  democracy  the 


DIFFERENT   FORMS   OF   GOVERNMENT. 


23 


people  act  for  themselves,  while  in  a  republic  the  represen- 
tatives act  for  them. 


Country. 

Ruler. 

Social  Condition. 

United  States. 

President. 

Enlightened. 

Mexico. 

President. 

Civilized. 

Brazil. 

President. 

Civilized. 

France. 

President. 

Enlightened. 

Switzerland. 

President. 

Enlightened. 

Liberia. 

President. 

Civilized. 

Republics 


Combination  of  Different  Forms. —  In  some  coun- 
tries, at  the  present  time,  distinct  forms  of  government  are 
combined, — e.g.^  although  Great  Britain  is  a  limited  mon- 
archy it  has  some  of  the  characteristics  of  a  republic.  The 
House  of  Commons  is  composed  of  members  chosen  by 
the  people.  The  rest  of  the  government  is  hereditary; 
therefore,  like  a  monarchy. 

The  United  States. — A  Democratic  Republic. — The 
people  of  the  United  States  elect  persons  to  r<ipresent 
them  in  the  making  of  laws  and  in  the  management  of  the 
government.  Thus  far  it  is  democratic.  But  when  the 
people  act  through  representatives,  and  not  directly,  they 
introduce  the  republican  feature.  In  other  words,  as  soon 
as  the  people  transfer  their  power  to  their  representatives 
the  form  of  government  ceases  to  be  democratic  and  be- 
comes republican.  Therefore,  the  government  of  the  United 
States  is  a  democratic  republic. 

All  the  States  of  the  United  States  follow  the  govern- 
ment of  the  United  States,  each  in  itself  being  a  democratic 
republic. 


24  CIVIL   GOVERNMENT. 

SUMMARY. 

1.  Different  natural  and  social  conditions  tend  to  make  a  variety  of 
forms  of  government. 

2.  Some  forms  of  government  are, — monarchy,  aristocracy,  democ- 
racy, and  republic. 

3.  A  monarchy  is  one  in  which  the  power  is  vested  in  one  person. 
In  an  absolute  monarchy  all  power  is  exercised  by  this  person,  while 
in  a  limited  monarchy  his  power  is  restricted. 

4.  The  aristocratic  form  is  controlled  by  a  small  body  of  men  in- 
stead of  one  man. 

6.  In  a  democratic  form  of  government  the  people  are  their  own 
rulers. 

6.  The  republican  form  provides  for  representatives,  who  are  chosen 
by  the  people  and  who  act  for  them. 

7.  The  United  States  government  is  a  combination  of  the  democratic 
and  republican  forms.  The  work  is  done  by  representatives,  but  these 
are  chosen  by  the  people. 

QUESTIONS. 

1.  Enumerate  the  principal  features  of  these  governments :  (a) 
Limited  monarchy  ;  (b)  Absolute  monarchy  ;  (c)  Aristocracy  ;  (d)  De- 
mocracy ;  (e)  Republic. 

2.  Mention  three  forms  of  government  which  exist  to-day,  and 
name  three  nations  governed  by  each  form. 

3.  Name  several  things  which  would  tend  to  influence  the  form  of 
government  of  a  nation, 

4.  Think  of  the  various  kinds  of  governments ;  think  of  their  ad- 
vantages and  disadvantages.  Select  the  one  under  which  you  would 
prefer  to  live,  and  give  your  reasons  therefor. 

5.  W^hat  are  the  differences  between  an  absolute  and  a  limited 
monarchy? 

6.  The  United  States  is  a  democratic  republic.  Explain  how  this  is 
possible. 

7.  Make  an  outline.  Call  it  Forms  of  Government.  Place  in  it : 
(a)  The  names  of  the  different  forms  j  (6)  Three  countries  under  each 
form  ;  (c)  The  title  of  the  ruler  in  each  ;  (d)  The  name  of  the  present 
ruler  ;  (e)  The  social  condition  of  the  people. 


CHAPTER  IV. 

COLONIAL  GOVERNMENT  OF  AMERIOA. 

Rise  of  Colonies  in  America. — The  explorers  who  were 
sent  out  by  the  countries  of  Europe  in  the  fifteenth  cen- 
tury were  given  power  to  take  or  claim,  in  the  names  of 
their  sovereigns,  the  land  discovered  by  them.  This  land 
then  became  a  part  of  the  old  country.  The  reports  of  the 
wealth  of  the  newly  discovered  country  were  such  as  to 
cause  an  immense  emigration  from  the  old  world.  Another 
reason  which  served  to  increase  the  population  of  the  new 
country  was  the  religious  persecution  of  the  Puritans  and 
Quakers  in  England  and  of  the  Huguenots  in  France.  As 
you  know,  these  people  came  to  America  to  enjoy  religious 
freedom.  The  people  who  came  from  Europe  settled  in 
groups  and  established  colonies.  A  settlement  of  people 
living  away  from  the  home  or  mother  country,  but  subject 
to  its  laws  and  authority,  is  called  a  Colony. 

Different  Colonies  in  America. — The  people  in  the 
colonies  lived  under  government,  but  the  governments  of 
all  the  colonies  were  not  alike.  When  the  Revolutionary 
War  broke  out  there  were  three  distinct  forms  of  colonial 
government, — namely,  Royal  or  Provincial,  Proprietary,  and 
Charter. 

Royal  or  Provincial  Form. — This  form  consisted  of 
a  governor  appointed  by  the  king,  and  a  colonial  legislature 
consisting  of  two  houses  ;  the  upper  house  being  composed 
of  members  selected  by  the  king,  and  the  lower,  of  mem- 

25 


26 


CIVIL   GOVERNMENT. 


bers  elected  by  the  people.  The  governor  had  the  power 
to  veto  any  bill  passed  by  the  legislature.  He  could  con- 
vene or  adjourn  the  legislature  at  pleasure.  With  the  con- 
sent of  the  legislature  he  could  appoint  judges  and  establish 
courts.  It  will  thus  be  seen  that  under  this  form  the  king 
had  absolute  power  over  the  colonies. 


Colony. 


By  Whom 
Settled. 


Legislature. 


Governor. 


Massachusetts  . 
New  Hampshire 
New  York  .  . 
New  Jersey  .  . 
Virginia  .  .  . 
North  Carolina 
South  Carolina 
Georgia  .... 


English. 

English. 

Dutch. 

English. 

English. 

English  and 
French. 

English  and 
French. 

English. 


Upper  house  ap- 
pointed by  the 
king. 


Lower  house 
elected  by  the 
people. 


It  made  the  laws 
and  could  estab- 
lish courts  and 
appoint  judges 
with  the  consent 
of  the  governor. 


Appointed   by  the 
king. 

He  could   sign    or 
veto  bills. 


He  had  the  power 
to  convene  or  ad- 
journ the  legisla- 
ture. 

He  could  appoint 
judges  and  estab- 
lish courts  when 
the  consent  of  the 
legislature  was 
given. 


Massachusetts  for  some  years  after  its  settlement  had  a 
Charter  form  of  government.  In  1629  King  Charles  I. 
granted  a  charter  to  a  company  of  Englishmen  who  were 
to  have  charge  of  the  Massachusetts  Colony.  During  the 
reign  of  Charles  II.  the  colony  was  deprived  of  its  charter, 
but  in  1692  a  new  charter  was  granted.  This  was  not  so 
liberal  as  the  first  charter,  and  practically  changed  Massa- 
chusetts to  a  Royal  Province. 

Proprietary  form  of  Government. — Under  the  Proprie- 
tary form  of  government  the  control  was  exercised  by  pro- 


COLONIAL   GOVERNMENT   OF   AMERICA. 


27 


prietors,  who,  for  some  consideration,  received  their  author- 
ity from  the  king.  For  instance,  the  English  king  owed  Wil- 
liam Penn  a  sum  of  money.  This  sum  was  not  paid,  but 
instead  land  in  the  New  World  was  granted.  Under  this 
form  of  government  the  proprietor  had  the  right  to  select 
the  governor  and  the  members  of  the  upper  house  of  the 
colonial  legislature ;  the  members  of  the  lower  house  were 
elected  by  the  people. 

The  proprietary  colonies  were  generally  well  governed, 
because  each  proprietor  wished  to  have  his  colony  in  good 
condition.  To  attain  this  end  he  would  naturally  appoint 
a  competent  person  as  governor  and  proper  persons  for 
members  of  the  upper  house  of  the  colonial  legislature. 
The  only  difference  between  the  Royal  and  the  Proprietary 
forms  was  in  the  person  who  appointed  the  governor  and 
the  members  of  the  upper  house. 


Colony. 

Settled  by. 

Legislature. 

Governor. 

Maryland  .    .    . 
Pennsylvania    . 

Delaware   .    .    . 

English. 

English  and 
Swedes. 

English  and 
Swedes. 

Upper  house  appointed  ' 
by  the  proprietor. 

Lower  house  elected  by 
the  people. 

Appointed 
by  the  pro- 
prietor. 

Charter  Form. — The  remaining  colonies  had  more  liber- 
ties than  the  others.  All  their  rights  were  mentioned  in  a 
paper  called  a  *'  Charter,"  which  was  given  to  them  by  a 
king.    The  people  had  the  following  rights  : 

1.  To  choose  their  own  governor. 

2.  To  elect  the  members  of  both  houses. 

3.  To  establish  courts  of  justice. 


28 


CIVIL   GOVERNMENT. 


The  only  restriction  placed  upon  the  people  living  under 
this  form  was  that  no  law  should  be  passed  by  the  colonial 
legislature  which  was  contrary  to  the  laws  of  England.  We 
can  very  readily  see  that  the  people  living  under  the 
Charter  form  of  government  had  the  most  political  rights. 


Colony. 

Settled  by. 

Legislature. 

Governor. 

Ehode  Island 

Connecticut 

English.  1 
English,  j 

Both  houses  elected 
by  the  people. 

Chosen  by 
the  people. 

The  people  in  these  two  colonies  continued  under  their 
original  charter  long  after  the  adoption  of  the  Constitution 
of  the  United  States.  Connecticut  did  not  supplant  its 
charter  by  a  State  constitution  until  1818,  while  Rhode 
Island  waited  until  1842  before  adopting  one. 

Colonial  Governments  compared. — Of  the  three  forms 
of  colonial  government,  the  king  had  the  most  power  under 
the  Royal  form  and  least  under  the  Charter.  The  people 
under  all  these  forms  enjoyed  some  political  rights.  In  the 
Charter  form  the  people  were  by  far  the  happiest ;  under 
the  Royal  form  continual  disputes  arose  between  the  colo- 
nies and  the  king.  The  three  forms  were  alike  in  so  far  as 
the  composition  of  the  lower  house  was  concerned,  it  being 
made  up  of  members  chosen  by  the  people. 


Town  System  of  New  England. — The  Charter  form  of 
government  gave  the  people  all  political  rights.  There  being 
very  few  inhabitants  at  first,  the  people  themselves  decided 
all  questions  of  interest  to  the  colony,  thus  forming  a  purely 
democratic  form  of  government.     After  the  population  in- 


COLONIAL   GOVERNMENT   OF   AMERICA.  29 

creased  and  the  area  of  the  colony  became  more  extensive, 
it  was  found  necessary  to  divide  the  colony  into  districts, 
from  six  to  ten  miles  square,  called  towns  or  townships,  in 
order  to  preserve  the  democratic  form  of  government. 
Each  town  or  township  elected  its  own  officers,  thereby 
forming  the  township  government. 

Once  a  year  the  voters  of  a  township  met  to  transact 
business  as  follows : 

1.  To  enact  laws. 

2.  To  make  appropriations  for  various  purposes. 

3.  To  choose  the  following  officers  for  the  ensuing  year  : 

(a)  A  town  clerk. 
(6)  A  town  treasurer, 
(c)  Selectmen. 

The  town  clerk  had  charge  of  all  public  papers.  The 
treasurer  received  and  paid  out  money.  The  selectmen 
saw  that  the  laws  enacted  by  the  town-meeting  were  exe- 
cuted when  this  body  was  not  in  session. 


SUMMARY. 

1.  After  the  discovery  of  the  New  World  its  settlement  began. 
Settlements  were  caused  by  the  reports  of  the  wealth  of  the  country 
and  by  religious  persecution  in  England  and  France. 

2.  Forms  of  colonial  government, — Royal,  Proprietary,  and  Charter. 

3.  These  three  forms  were  alike  in  that  each  had  two  houses  in  its 
legislative  assembly.  In  all  cases  the  members  of  the  lower  house 
were  chosen  by  the  people.  Under  the  Royal  form  the  people  had 
the  least  power.  Under  the  Charter  form  the  people  had  the  most 
power. 

4.  The  town  system  which  prevailed  in  the  New  England  colonies 
was  purely  democratic  in  character.  Once  a  year  all  voters  met  to 
decide  the  business  of  the  township. 


30  CIVIL   GOVERNMENT.  - 

QUESTIONS. 

1.  Explain  fully  the  rise  of  the  colonies  in  America. 

2.  Define  colony.  Classify  the  colonies  according  to  their  form  of 
government. 

3.  About  colonies,  mention  the  principal  features  of:  (a)  The 
Royal ;  (b)  The  Charter  ;  (c)  The  Proprietary. 

4.  Compare  the  governments  in  the  colonies,  showing  :  (a)  How 
they  were  alike  ;  (b)  How  they  were  different. 

6.  Suppose  you  lived  in  London  in  1760,  and  were  thinking  of 
coming  to  the  colonies,  to  which  colony  would  you  have  emigrated? 
Why? 

6.  What  is  meant  by  the  "Town  System  of  New  England"  ? 

7.  Make  an  outline.  Call  it  Colonial  Governments.  Place  in  it : 
(a)  The  names  of  three  forms  of  government ;  (b)  The  colonies  under 
each  ;  (c)  The  name  of  the  nation  settling  each  ;  (d)  The  appointment 
of  the  legislature  ;  (c)  The  appointment  of  the  governor. 


CHAPTER    V. 

ATTEMPTS  OP  THE  COLONIES  AT  UNION. 

Isolation  of  the  Colonies. — The  colonies  in  America 
were  so  widely  separated  from  each  other,  and  the  means 
of  communication  were  so  difificult,  that  for  many  years 
each  colony  acted  independently.  In  those  days  a  journey 
from  New  York  to  Boston  could  only  be  made  on  horse- 
back, by  stage,  or  by  boat.  Such  a  journey  was  considered 
so  dangerous  that  few  persons  undertook  to  make  it.  Not- 
withstanding these  obstacles,  the  colonies  gradually  saw  the 
necessity  of  uniting  against  the  Indians,  who  were  becoming 
very  hostile,  and  who  threatened  them  on  all  sides. 

New  England  Confederation. — ^The  New  England  col- 
onies were  greatly  troubled  by  the  French  settlers  on  the 
north,  and  by  the  Dutch,  who  claimed  the  territory  be- 
tween the  Connecticut  and  the  Hudson  Rivers.  An  out- 
break of  the  Indians  was  looked  for  at  any  time.  The 
people  living  in  these  colonies  became  convinced  that  it 
was  absolutely  necessary  to  unite  in  order  to  resist  the 
encroachments  of  these  hostile  neighbors. 

In  1643  the  colonies  of  Plymouth,  Massachusetts,  Con- 
necticut, and  New  Haven  formed  a  union  called  "  The 
United  Colonies  of  New  England."  The  principal  object 
of  this  Union  was  for  mutual  protection  against  their  ene- 
mies. Maine  and  Rhode  Island  were  anxious  to  join  the 
Union,  but  were  refused  because  of  their  difference  in  re- 
ligion from  the  other  colonies  which  were  members  of  the 
Union. 

81 


32  CIVIL   GOVERNMENT. 

This  Union  lasted  forty  years.  It  did  not  accomplish 
everything  that  it  set  out  to  do ;  however,  its  great  value 
was  that  it  taught  the  colonies  that  in  times  of  need  they 
must  stand  and  act  together.  It  also  prepared  the  way  for 
stronger  unions  in  the  future. 

Albany  Convention. — The  French  and  Indian  War 
broke  out  in  the  colonies  about  1754.  The  French  and 
Indians  were  allies.  At  this  time  it  looked  as  though  the 
colonies  would  be  destroyed  if  they  did  not  unite  for  pro- 
tection. The  colonies,  at  the  suggestion  of  England,  were 
advised  to  appoint  delegates  to  meet  in  convention  at 
Albany,  1754.  Now  Hampshire,  Massachusetts,  Rhode 
Island,  Connecticut,  New  York,  Pennsylvania,  and  Maryland 
were  the  only  colonies  that  sent  delegates. 

Benjamin  Franklin,  a  delegate  from  Pennsylvania,  was  a 
leading  member  of  this  Convention.  He  did  much  towards 
promoting  the  idea  of  the  importance  of  having  the  colonies 
united.  In  a  newspaper  which  he  owned  he  printed  a 
picture  of  a  snake  cut  into  thirteen  parts  and  beneath  it  this 
motto,  "  Unite  or  Die."  * 

The  Convention  made  a  treaty  with  the  Indians  and 
adopted  the  following  plan  of  union,  proposed  by  Frank- 
lin: 


*  Franklin  took  advantage  of  an  old  superstition  to  impress  upon 
the  colonies  the  importance  of  uniting.  At  one  time  it  was  believed 
that  if  a  snake  were  cut  into  pieces  and  the  pieces  were  allowed  to 
touch  it  would  not  die,  but  would  live  by  becoming  whole  again.  The 
picture  of  the  snake,  used  by  Franklin,  was  cut  into  thirteen  parts  and 
each  part  represented  a  colony.  Franklin's  idea  was  that  if  these 
thirteen  parts  (colonies)  did  not  unite  for  common  defence  they  would 
surely  die, — i.e.,  they  all  would  be  conquered. 


ATTEMPTS   OF   THE   COLONIES   AT  UNION.  33 

1,  It  provided  for  a  governor-general  to  be  appointed  by  the  king. 

2.  A  grand  council  was  to  consist  of  representatives  chosen  by  the 
colonial  assemblies. 

This  plan  was  rejected  by  the  colonies  because  they 
thought  it  gave  too  much  power  to  the  king,  and  by  the 
king  because  he  thought  it  gave  too  much  power  to  the 
colonies. 

Parliament  taxes  the  Colonies. — The  French  and 
Indian  War  proved  to  be  very  expensive  to  England.  The 
colonies,  during  the  war,  willingly  assisted  the  mother 
country  by  furnishing  not  only  men  but  also  money. 
When  the  war  ended,  England  found  herself  heavily  in 
debt.  She  was  pleased  to  think  that  her  territory  in 
America  had  been  extended,  but  grumbled  about  paying  the 
debt  incurred  by  the  war  which  had  secured  it  for  her. 
The  colonies  had  reaped  no  benefit  by  the  war  except  that 
of  being  brought  into  closer  relation  with  each  other.  The 
King  of  England  seemed  to  think  that  since  the  war  had 
been  fought  on  American  soil  it  was  right  that  the  colonies 
should  pay  the  expense.  Accordingly,  taxes  were  placed 
on  various  articles  of  use  and  also  a  stamp  tax  on  all 
newspapers  and  legal  documents  that  were  used  in  America 
by  the  colonists.  The  levying  of  some  of  these  taxes  was 
in  accordance  with  a  law,  known  as  the  "Stamp  Act," 
passed  by  the  English  Parliament  in  1765.  No  transaction 
in  which  paper  was  used  was  considered  legal  unless  a 
stamp  furnished  by  the  British  government  was  affixed. 

Opposition  of  the  Colonies  to  Taxation. — The  tax 
was  small,  but  the  right  to  impose  such  a  tax  was  disputed 
by  the  colonists.    They  claimed  that  they  were  English 

subjects  and  as  such  could  not  be  taxed  unless  they  gave 

3 


34  CIVIL   GOVERNMENT. 

their  consent.  They  also  contended  that  it  was  unjust  to 
tax  them  when  they  were  not  represented  in  Pariiament. 
When  the  stamps  came  to  America  the  colonists  refused  to 
pay  for  them. 

The  Stamp  Act  Congress. — ^The  people  were  so  indig- 
nant that  a  Congress  was  suggested.  This  Congress  met  in 
1765  at  New  York.  Massachusetts,  Connecticut,  Rhode 
Island,  New  York,  New  Jersey,  Pennsylvania,  Delaware, 
Maryland,  and  South  Carolina  were  represented,  and  sev- 
eral other  colonies,  although  they  sent  no  delegates,  agreed 
to  abide  by  the  decision  of  this  Congress. 

The  Congress  adopted  three  papers : 

1.  A  Declaration  of  Rights,  in  which  the  colonies  insisted  that  no  tax 
could  be  laid  upon  them  without  their  consent. 

2.  A  memorial  to  Parliament. 

3.  A  petition  to  the  king. 

The  results  accomplished  by  this  Congress  were : 

1.  The  repeal  of  the  Stamp  Act. 

2.  A  closer  union  of  the  colonies  was  effected,  this  meeting  being 
the  first  general  meeting — ^the  colonies  of  the  North  and  South  alike 
being  represented. 

Further  Efforts  to  tax  the  Colonies. — ^The  action  of 
the  Stamp  Act  Congress  and  the  great  indignation  of  the 
people  led  to  the  repeal  of  the  Stamp  Act  in  1766.  This, 
however,  did  not  seem  to  impress  the  king  or  Parliament 
with  the  determined  opposition  of  the  colonists  to  taxation, 
for  immediately  renewed  cause  for  complaint  was  furnished 
by: 

1.  Laying  new  taxes. 

2.  Closing  the  port  of  Boston. 

3.  Passing  the  Quartering  Act. 


ATTEMPTS   OF   THE   COLONIES    AT   UNION.  35 

First  Continental  Congress. — These  new  acts  of  the 
king  and  Parliament  were  so  obnoxious  to  the  colonists 
that  they  became  convinced  that  the  only  way  out  of  this 
constant  disputing  was  open  resistance.  So,  in  1774,  the 
First  Continental  Congress  met  in  Carpenters'  Hall,  Phila- 
delphia, to  consider  what  course  they  should  pursue.  All 
of  the  colonies  were  represented  with  the  exception  of 
Georgia.  Among  the  members  were  John  Adams,  Samuel 
Adams,  John  Jay,  Roger  Sherman,  George  Washington, 
Richard  Henry  Lee,  and  Patrick  Henry.  Peyton  Randolph 
was  chosen  president.  The  members  of  this  Congress 
agreed  that  in  voting  upon  any  question  each  colony  was  to 
have  but  one  vote.  This  method  of  conferring  equal  suf- 
frage upon  each  colony  was  adhered  to  until  the  Federal 
Constitution  was  adopted  in  1789. 

The  following  was  the  work  of  this  Congress  : 

1.  A  Declaration  of  Rights  was  drawn  up  and  addressed  to  the  peo- 
ple of  Great  Britain.     In  it  the  grievances  of  the  colonies  were  stated. 

2.  They  agreed  to  hold  no  intercourse  or  trade  with  the  mother 
country  until  their  rights  were  acknowledged. 

3.  They  agreed  to  uphold  Massachusetts  in  her  resistance. 

4.  They  decided  to  meet  in  Philadelphia  the  following  year. 

The  Second  Continental  Congress  met  as  agreed  upon 
in  Independence  Hall,  in  1775.  It  lasted,  with  short  inter- 
missions, until  the  Constitution  of  the  United  States  went 
into  force.  John  Hancock  was  chosen  president.  This 
Congress  was  considered  as  the  lawful  authority  of  the 
colonies  and  was  recognized  as  such  by  Massachusetts  and 
New  York.  Both  of  these  colonies  applied  to  it  for  advice. 
Congress  transacted  the  following  business : 

1.  It  organized  all  the  soldiers  as  the  Continental  army.  It  as- 
sumed control  of  the  military  affairs  and  appointed  George  Washington 
commander-in-chief. 


36  CIVIL   GOVERNMENT. 

2.  Passed  measures  to  defray  the  expenses  of  the  war. 

3.  Established  a  system  of  Continental  currency. 

4.  Organized  a  general  post-office  with  Benjamin  Franklin  as  post- 
master-general. 

5.  Determined  upon  separation  by  passing  the  Declaration  of  Inde- 
pendence, July  4,  1776. 

6.  Passed  the  Articles  of  Confederation,  1777. 


The  Declaration  of  Independence. — In  June,  1776, 
Richard  Henry  Lee,  in  accordance  with  instructions  given 
him  by  the  Virginia  Convention,  offered  a  resolution  in  Con- 
gress which  said,  "  These  United  Colonies  are,  and  of  right 
ought  to  be,  free  and  independent  States." 

This  was  considered  a  very  bold  step,  as  the  persons 
having  anything  to  do  with  its  adoption  were  liable  to  be 
hanged  for  treason  by  England.  A  committee,  however, 
consisting  of  Thomas  Jefferson  of  Virginia,  John  Adams 
of  Massachusetts,  Benjamin  Franklin  of  Pennsylvania, 
Roger  Sherman  of  Connecticut,  and  Robert  Livingstone  of 
New  York,  was  appointed  on  June  11  to  write  a  declaration 
containing  the  thought  of  Lee's  resolution. 

Jefferson  wrote  the  Declaration,  and  Adams  and  Franklin 
made  some  alterations.  Lee's  resolution  and  the  Declara- 
tion were  submitted  to  Congress  on  the  same  day,  July  1. 
On  July  2  the  resolution  was  adopted  by  a  large  majority, 
and  the  Declaration  of  Independence  was  finally  adopted 
July  4.  In  it  the  name  "  United  States"  is  first  used.  It 
was  signed  by  fifty-six  men.  This  precious  document  is 
still  preserved  at  Washington.  The  following  are  the  fea- 
tures of  the  Declaration : 

1.  It  declared  that  all  men  were  created  free  and  equal. 

2.  It  gave  the  reasons  for  the  severing  of  the  political  ties  which 
bound  the  colonies  to  Great  Britain. 


ATTEMPTS   OF   THE   COLONIES   AT   UNION.  37 

3.  It  gave  all  the  rights  to  which  the  colonists  thought  they  were 
entitled. 

4.  It  gave  a  lengthy  list  of  grievances. 

6.  It  declared  that  the  colonies  were  free  and  independent. 

SUMMARY. 

1.  The  colonies  were  isolated.  The  reasons  for  this  were  :  the 
location,  lack  of  means  of  communication,  and  difference  in  manners 
and  customs.  Various  external  forces  gradually  caused  them  to  unite 
for  protection. 

2.  As  early  as  1643  the  colonies  of  New  England  formed  a  union 
against  the  French,  Dutch,  and  Indians. 

3.  A  convention  was  held  at  Albany,  in  1764,  in  which  an  attempt 
was  made  to  unite  all  the  colonies.     The  attempt  was  a  failure. 

4.  The  tyranny  of  England  caused  the  colonies  to  hold  a  meeting 
at  New  York.  They  protested  against  the  Stamp  Act,  which  was  soon 
afterwards  repealed. 

5.  The  relations  of  England  and  the  colonies  were  approaching  a 
crisis.  A  meeting  was  held  in  1774.  In  this  meeting  separation 
from  England  was  mentioned. 

6.  The  Second  Continental  Congress  was  the  first  meeting  in  which 
all  the  colonies  took  part.  From  the  stand-point  of  its  work  and  dura- 
tion, this  was  the  most  important  meeting  held  during  the  existence 
of  the  colonies.  Among  other  measures  adopted,  the  Declaration  of 
Independence  and  the  Articles  of  Confederation  were  the  most  im- 
portant. 

7.  The  Declaration  of  Independence  officially  made  the  separation. 
From  the  date  of  its  adoption  the  United  States  begins. 

QUESTIONS. 

1.  Explain  fully  the  hinderances  to  an  early  union  of  the  colonies. 

2.  What  made  an  early  confederation  necessary  ? 

3.  About  the  New  England  Confederation  tell :  (a)  The  reasons  for 
its  formation  ;  (b)  The  time  it  was  formed  ;  (c)  The  colonies  that  took 
part ;  (d)  Its  result. 

4.  Describe  the  Albany  Convention. 


38  CIVIL   GOVERNMENT. 

6.  Why  did  Parliament  lax  the  colonies  ?  Why  did  the  colonists 
oppose  taxation  by  Parliament? 

6.  What  papers  were  adopted  by  the  Congress  of  1765?  What 
were  the  results  accomplished  by  this  Congress? 

7.  What  led  to  the  repeal  of  the  Stamp  Act? 

8.  What  further  acts  were  offensive  to  the  colonists  ? 

9.  About  the  First  Continental  Congress  tell :  (a)  Where  and  when 
it  was  held  ;  (b)  Why  it  was  held  ;  (c)  Who  its  president  was  ;  (d) 
The  power  of  each  colony  in  voting  ;  (e)  The  results  of  this  meeting  ; 
(/)  Who  some  of  the  important  members  were. 

10.  In  reference  to  the  Second  Continental  Congress,  state  :  (a) 
Where  and  when  it  met ;  (b)  Who  its  president  was  ;  (c)  How  long 
this  meeting  lasted  ;  (d)  The  work  performed  by  it. 

11.  What  was  the  first  step  towards  a  separation  from  England? 

12.  Name  the  committee  which  drafted  the  Declaration  of  Inde- 
pendence. When  was  the  Declaration  adopted?  Name  its  principal 
features.     Quote  some  part  of  it  that  you  have  learned. 

13.  Attempts  at  union.  Why  necessary?  Think  of  the  several 
attempts  and  tell :  (a)  Where  the  meetings  were  held ;  (b)  When 
held ;  (c)  The  work  performed  by  each  meeting.  Make  an  outline 
taking  these  facts  into  consideration. 


CHAPTER  VI. 

THE  AUTICa^S  OP  CONFEDERATION. 

Necessity  of  a  Porra  of  Government. — The  adoption 
of  the  Declaration  of  Independence  launched  the  colonies 
into  a  war  with  England.  To  successfully  wage  this  war 
it  was  necessary  that  the  colonies  should  act  in  harmony. 
To  the  Second  Continental  Congress  had  been  delegated  the 
work  of  carrying  on  the  war  and  looking  after  the  interests 
of  the  new  nation.  This  body,  however,  although  it  was 
supposed  to  be  the  sovereign  or  central  head  of  the  govern- 
ment, found  its  power  so  restricted  that  it  could  not  enforce 
obedience  to  its  mandates.  It  often  appealed  to  the  States 
to  contribute  money  towards  the  support  of  the  war,  but 
they  paid  no  attention  to  such  appeals  until  they  felt  in- 
clined to  do  so.  The  States  were  fearful  lest  Congress 
might  usurp  some  of  their  powers.  Again,  the  inability  of 
Congress  to  raise  funds  to  prosecute  the  war  often  caused 
violent  disputes  between  that  body  and  the  Continental 
army  about  the  latter 's  pay. 

These  unfortunate  circumstances  tended  towards  hinder- 
ing the  progress  of  the  war.  The  thirteen  States  instead 
of  being  united  seemed  to  drift  farther  and  farther  apart. 
The  weakness  of  the  government  under  the  Second  Conti- 
nental Congress  became  apparent  to  the  wiser  men  of  the 
country.  It  was  seen  that  a  stronger  and  firmer  form  of 
government  was  needed.  On  the  same  day  that  the  com- 
mittee was  appointed  to  draft  the  Declaration  of  Indepen- 
dence a  resolution  was  passed  by  Congress  which  called 
for  the  appointment  of  a  committee  to  draft  Articles  of  Con- 

39 


40  CIVIL   GOVERNMENT. 

federation.  This  committee  was  appointed  on  the  following 
day.*  It  soon  made  its  report  to  Congress.  After  de- 
bating this  report  from  day  to  day,  Congress  finally  passed, 
November  17,  1777,  a  series  of  thirteen  Articles. 

The  Constitution  and  the  new  government  were  termed 
''The  Articles  of  Confederation  and  Perpetual  Union  be- 
tween all  the  States  of  America."    See  Appendix. 

It  was  generally  supposed  that  this  Constitution  would 
meet  the  demands  of  the  nation.  Before  these  Articles 
could  become  the  supreme  law  of  the  land,  however,  it  was 
necessary  that  all  of  the  States  should  give  their  consent. 
To  secure  this,  it  required  four  years,  so  that  they  did  not 
become  operative  until  1781. 

Chief  Features   of  the  Articles  of  Confederation: 

1.  The  Confederation  was  called  the  United  States  of  America,  and 
was  declared  to  be  simply  a  firm  league  of  friendship  between  the 
States.  It  will  thus  be  seen  that  the  States  did  not  form  a  nation,  but 
simply  an  alliance  for  the  advancement  of  their  own  interests. 

2.  The  different  States  retained  their  sovereignty  and  independence 
in  almost  everything. 

3.  The  Legislative  Department  of  the  government  was  vested  in  but 
one  body,  styled  the  Congress. 

4.  Each  State  was  represented  by  any  number  of  delegates  not 
exceeding  seven  nor  less  than  two. 

5.  Although  the  States  had  no  definite  number  of  Representatives 
in  Congress,  but  one  vote  was  allowed  each  State  upon  any  question. 

*  The  committee  was  composed  of  twelve  members,  as  follows : 
Josiah  Bartlett,  Samuel  Adams,  Stephen  Hopkins,  Roger  Sherman, 
Robert  R.  Livingstone,  John  Dickinson,  Thomas  McKean,  Thomas 
Stone,  Thomas  Nelson,  Joseph  Hewes,  Edward  Rutledge,  and  Button 
Gwinnett.  John  Dickinson,  an  eminent  statesman,  did  most  of  the 
work  in  connection  with  the  drafting  of  the  Articles  of  Confederation. 


THE   ARTICLES   OF   CONFEDERATION.  41 

6.  There  was  no  national  system  of  courts. 

7.  There  was  no  Executive  Department,  but  during  the  adjournment 
of  Congress  the  power  of  an  executive  was  vested  in  a  committee  of 
thirteen  members,  composed  of  one  member  from  each  State.  While 
Congress  was  in  session  it  was  not  only  the  Legislative  Department  but 
also  the  Executive. 

8.  All  national  matters  such  as  commerce,  taxation,  war,  and  dis- 
putes between  the  States  were  under  the  control  of  Congress  ;  but  there 
was  no  power  given  to  that  body  by  which  it  could  enforce  obedience 
to  its  decisions. 

9.  No  amendment  could  be  made  to  the  Articles  until  it  was  passed 
by  Congress  and  agreed  upon  by  the  Legislature  of  every  State. 

10.  The  ratification  of  every  State  was  necessary  to  adopt  the  Arti- 
cles as  the  supreme  law  of  the  land. 

Defects  of  the  Articles. — From  1781  until  1789  the 
thirteen  States  were  governed  by  the  Articles  of  Confedera- 
tion. When  passed  by  Congress,  they  were  thought  to 
accomplish  many  things  for  the  good  of  the  States.  But 
men  writing  a  Constitution  cannot  always  foresee  condi- 
tions that  are  apt  to  arise  in  the  future;  therefore,  the 
defects  of  any  new  body  of  laws  must  be  discovered  while 
it  is  in  operation. 

The  defects  of  the  Articles  were  soon  noticeable.  After 
they  had  been  in  force  but  a  short  time  it  was  found  that 
they  were  inadequate,  and,  further,  that  they  were  not 
strong  enough  to  govern  the  thirteen  States  in  the  alliance. 
Among  the  weak  features  of  the  Articles  were  the  following : 

1.  In  their  purpose. 

2.  Any  State  was  permitted  to  be  higher  than  the  alliance. 

3.  Congress  consisted  of  only  one  body. 

4.  No  definite  number  of  Representatives  was  specified,  and  but 
one  vote  was  allowed  to  each  State. 

5.  No  Judicial  or  Executive  Department.  The  law  could  not  be 
interpreted  nor  executed. 

6.  Difficulty  in  amending  the  Articles. 


42  CIVIL   GOVERNMENT. 

Explanation  of  the  Defects. — In  declaring  the  Confeder- 
ation to  be  simply  a  firm  league  of  friendship,  the  acts  of 
the  Articles  of  Confederation  were  not  binding  upon  any- 
State.  Any  State,  consequently,  could  at  any  time  it  desired 
leave  the  league.  Such  withdrawals,  if  numerous,  would 
certainly  have  broken  up  the  Confederation.  In  the  Consti- 
tution of  the  United  States  the  evil  was  remedied  by 
making  the  State  subordinate  to  the  United  States. 

In  the  construction  of  any  legislative  body  it  has  been 
found  that  by  a  division  into  two  bodies,  or  Houses,  far  better 
results  have  been  obtained  than  by  a  Legislature  consisting 
of  but  one  body.  In  a  two-bodied  Legislature  one  body  acts 
as  a  check  to  the  rashness  and  extravagance  of  the  other. 

In  the  membership  of  a  Congress  it  is  always  wise  to 
have  some  definite  way  of  electing  or  appointing  its  mem- 
bers. Under  the  Articles  each  State  had  its  choice  of  the 
number  of  members  it  wished  to  send  to  Congress.  Under 
the  present  Constitution  each  State  must  accept  its  propor- 
tion of  the  members.  Under  the  first  system  each  State 
had  to  pay  the  expenses  of  its  Representatives ;  under  the 
latter  the  national  government  pays  their  expenses.  It  is 
right  and  proper  that  the  national  government  should  do 
this.  A  State  whose  treasury  was  low,  having  the  choice  of 
the  number  of  Representatives  it  could  send  to  Congress, 
would  select  the  lowest  number  permissible.  A  rich  State, 
on  the  other  hand,  could  afford  to  pay  the  expense  attached 
to  sending  the  largest  number  of  delegates  possible.  In  the 
first  case  the  interests  of  the  State  might  suffer,  while  in 
the  second  the  interests  of  the  State  might  be  advanced. 

Possibly  the  greatest  defects  were  the  omission  of  an 
Executive  Department  and  a  Judicial  Department.  There 
being  no  enforcing  power,  the  laws  passed  by  the  Second 
Continental  Congress  were   ofl:en  disregarded.    This  evil 


THE   ARTICLES   OF   CONFEDERATION.  43 

was  remedied  in  our  present  Constitution  by  the  making 
of  an  Executive  Department,  which  sees  that  the  laws  of 
the  land  are  executed. 

All  disputes  in  law  cases  were  settled  by  State  courts. 
No  appeal  could  be  taken  from  the  decision  of  these  courts, 
as  there  was  no  higher  or  national  court  to  which  to  appeal. 
One  State  court  frequently  rendered  a  decision  contrary  to 
that  given  by  the  court  of  another  State.  This  caused  end- 
less disputes  and  general  dissatisfaction.  Such  condition  of 
affairs  is  hardly  possible  under  our  Federal  Constitution,  for 
it  provides  for  a  system  of  national  courts  higher  than  any 
State  court.  If  a  dispute  is  not  satisfactorily  settled  in  the 
State  courts  of  to-day,  an  appeal  can  be  taken  to  one  of  the 
United  States  courts. 

Another  weak  feature  of  the  Articles  was  the  method 
provided  for  amending  them.  To  alter  any  part  of  them 
the  consent  of  all  the  States  was  required.  This,  like  the 
method  of  ratifying  the  Articles,  would  have  consumed  such 
a  long  time  that  it  would  have  been  practically  useless  to 
even  try  to  alter  or  amend  them.  It  required  four  years  to 
secure  the  consent  of  all  the  States  to  the  ratification  of  the 
Articles.  Had  ten  States  been  deemed  sufficient  it  would 
have  gone  into  effect  in  1778,  one  year  after  being  proposed. 
Under  the  present  Constitution  the  difficulty  to  amend  is 
not  so  great. 

The  Articles  of  Confederation  existed  as  the  fundamental 
law  of  the  land  until  1789.  In  that  year  they  were  replaced 
by  the  present  Constitution. 

SUMMARY. 

1.  The  Second  Continental  Congress  acted  as  the  central  govern- 
ment during  the  Revolutionary  War.  It  possessed  little  power,  and 
its  acts  could  not  be  enforced.     It  was  seen  that  a  stronger  govern- 


44  CIVIL   GOVERNMENT. 

ment  was  needed,  and  in  1777  the  Articles  of  Confederation  were 
adopted  by  this  Congress.  They  were  not  ratified  by  the  States  until 
1781. 

2.  Under  the  new  laws  all  States,  large  and  small,  had  the  same 
power  ;  no  national  system  of  courts  was  established  ;  the  executive 
and  legislative  powers  were  not  separated,  and  the  power  of  the  new 
government  was  limited. 

3.  A  long  time  was  not  required  to  show  that  the  Articles  were 
defective.  After  1781  the  government  appeared  to  be  no  stronger 
than  before.  The  chief  cause  was  the  lack  of  power  given  to  Congress 
to  enforce  its  laws. 

QUESTIONS. 

1.  During  the  Revolutionary  period,  why  was  a  national  government 
required  ? 

2.  What  was  the  work  of  the  committee  appointed  in  June,  1776? 
When  was  the  report  of  this  committee  made  ?  Who  constituted  the 
committee  ? 

3.  Write,  in  column  form,  about  the  Articles  of  Confederation  :  (a) 
Its  chief  features  ;  (b)  Its  defects. 

4.  Why  was  this  code  of  laws  defective? 

5.  The  Articles  of  Confederation  :  (a)  Tell  what  they  were  ;  (b)  By 
whom  written  and  adopted  ;  (c)  Date  of  adoption  ;  {d)  When  ratified ; 
(e)  How  long  in  force. 


CHAPTER  VII. 
THE  MAKING  OF  THE  CONSTITUTION. 

The  Trade  Convention. — The  beginning  of  any  govern- 
ment is  its  most  serious  stage.  If  it  withstands  this  crisis 
its  continuance  should  be  very  easy.  The  Ari:icles  of  Con- 
federation were  adopted  at  a  time  when  their  weakness 
could  soon  be  discovered.  A  very  short  time  proved  that 
they  were  deficient.  The  various  public  questions  which 
arose  from  1781  to  1789  were  so  poorly  met  as  to  convince 
the  people  that  they  were  mistaken  in  the  form  of  govern- 
ment they  had  established.  They  saw  it  was  necessary  to 
have  some  better  form  of  government  which  would  not 
cause  so  much  friction. 

The  commerce  of  the  country  at  this  time  was  increasing. 
The  laws  of  the  different  States,  however,  were  of  such  a 
nature  that  they  often  hindered  rather  than  promoted  trade. 
To  remedy  these  faults  and  to  consider  ways  of  advancing 
commerce,  a  Convention  was  called  by  Virginia  to  meet  at 
Annapolis,  1786.  The  States  of  Virginia,  Delaware,  Penn- 
sylvania, New  Jersey,  and  New  York  were  represented  in 
this  Convention. 

The  Trade  Convention,  besides  discussing  commerce, 
touched  upon  the  condition  of  the  country  under  the  Arti- 
cles of  Confederation.  Shays's  Rebellion,  which  occurred 
about  this  time,  alarmed  the  people  and  showed  them 
that  if  the  country  were  to  exist  and  become  prosperous 
another  and  stronger  form  of  government  was  immediately 
needed. 

45 


46  CIVIL   GOVERNMENT. 

So  few  being  present  at  this  meeting,  the  Convention 
adopted  an  address  which  was  sent  to  the  different  States 
and  Congress.  The  address  called  for  another  Convention 
to  meet  the  next  year  to  consider  the  state  of  the  Union. 
Congress,  by  a  resolution,  decided  that  the  Convention  should 
meet  in  Philadelphia,  May,  1787. 

The  Constitutional  Convention. — In  accordance  with 
the  resolution  adopted  by  Congress,  delegates  met  in  In- 
dependence Hall,  May,  1787.  The  people  of  the  country- 
were  generally  in  favor  of  this  Convention.  This  is  shown 
by  the  fact  that  delegates  were  present  from  all  the  States 
with  the  single  exception  of  Rhode  Island. 

The  reason  for  calling  this  Convention  was  the  failure  of 
the  Articles  of  Confederation  to  control  the  public  questions 
arising  from  time  to  time.  The  Convention's  first  work  was 
to  consider  the  defects  of  the  Articles  and  attempt  to  amend 
them.  This  was  necessary  in  order  to  make  them  meet  the 
needs  of  the  country  and  the  demands  of  the  people.  It 
was  soon  found,  however,  that  it  was  impossible  to  amend 
the  Articles,  and  that  it  would  be  much  better  to  make  a 
new  Constitution.  The  Convention  decided  to  do  this. 
The  delegates  worked  diligently,  but  made  little  progress 
because  of  the  different  conditions  existing  in  the  various 
States. 

Plans  suggested. — Four  plans  were  submitted  to  the 
Convention.  None  in  its  entirety  was  accepted,  but  the 
best  features  of  each  were  placed  in  the  present  Constitu- 
tion.   These  plans  were : 

1.  The  Virginia  Plan,  written  by  James  Madison,  proposed  to 
give  the  government  supreme  power  and  thus  make  the  States  subordi- 


THE   MAKING  OF  THE   CONSTITUTION.  47 

nate.     This  was  opposed  by  a  number  of  people  who  believed  in  the 
preservation  of  State  sovereignty. 

2.  The  New  Jersey  Plan  proposed  to  give  Congress  more  power 
than  it  possessed  under  the  Articles  of  Confederation.  It  did  not  give 
a  remedy  for  a  serious  defect  in  the  Articles, — namely,  that  a  State  was 
still  on  an  equal  footing  with  Congress.  This  plan  was  presented  by 
William  Patterson,  of  New  Jersey. 

3.  Hamilton's  Plan  was  to  create  a  government  which  would  be 
a  mixture  of  an  aristocracy  and  a  monarchy.  This  plan  was  immedi- 
ately rejected. 

4.  Pinckney's  Plan,  submitted  by  Charles  Pinckney,  of  South 
Carolina.  No  details  of  this  plan  are  known,  as  it  was  lost  after  the 
Convention  adjourned. 


Compromises  in  the  Constitution. — The  different  plans 
and  the  various  conditions  in  the  States  caused  much  dis- 
cussion, which  threatened  at  one  time  to  dissolve  the  Con- 
vention. The  delegates  from  the  States  could  come  to  an 
agreement  only  by  compromising.  A  compromise  is  an 
agreement  between  two  or  more  parties  to  a  dispute  in 
which  both  sides  agree  to  relinquish  some  of  their  claims. 
Three  compromises  were  effected  in  the  Convention, — 
namely : 

1.  The  placing  of  every  State,  without  regard  to  size  or  population, 
on  an  equal  footing  in  the  Senate  of  the  United  States  by  giving  each 
State  two  members.  The  Constitution  provides  that  * '  the  Senate  shall 
be  composed  of  two  members  from  each  State  chosen  by  the  Legislature 
thereof  for  six  years;  and  each  Senator  shall  have  one  vote."  In 
regard  to  the  House  of  Representatives,  the  Constitution  contains  the 
following  :  *  *  Representatives  shall  be  apportioned  among  the  several 
States  according  to  their  respective  numbers.'*  This  was  a  com- 
promise between  the  small  and  large  States. 

2.  During  the  existence  of  slavery,  three-fifths  of  the  slaves  were  to 
be  counted  in  taking  the  census,  and  also  in  apportioning  Representa- 
tives among  the  States.    A  large  part  of  the  population  of  the  Southern 


48  CIVIL  GOVERNMENT. 

States  was  composed  of  slaves,  and  to  give  the  slave  States  sufBcienl 
power  it  was  agreed  that  three-fifths  of  all  the  slaves  were  to  be 
counted.  This  was  a  compromise  between  the  slave  and  free  States. 
In  accordance  with  this  compromise  the  Constitution  says,  *'  Represen- 
tatives and  direct  taxes  shall  be  apportioned  among  the  several  States 
which  may  be  included  in  the  Union,  according  to  their  respective 
numbers,  which  shall  be  determined  by  adding  to  the  whole  number 
of  free  persons,  including  those  bound  to  service  for  a  term  of 
years,  and  excluding  Indians  not  taxed,  three-fifths  of  all  other 
persons." 

3.  The  importation  of  slaves  from  foreign  countries  was  not  to  be 
prohibited  until  the  year  1808.  This  was  also  a  compromise  between 
the  slave  and  the  free  States.  Providing  for  this  compromise,  the  Con- 
stitution states,  *  *  The  migration  or  importation  of  such  persons  as  any 
of  the  States  now  existing  shall  think  proper  to  admit  shall  not  be  pro- 
hibited by  the  Congress  prior  to  the  year  one  thousand  eight  hundred 
and  eight,  but  a  tax  or  duty  may  be  imposed  on  such  importation,  not 
exceeding  ten  dollars  for  each  person. ' ' 


The  Constitution  completed. — On  the  17th  of  Septem- 
ber, 1787,  the  work  of  the  Convention  being  finished,  the 
Constitution  was  signed  by  some  of  the  delegates.  Those 
that  did  not  sign  had  departed  for  home  before  the  Consti- 
tution was  drawn  up  for  signatures.  The  Constitution  was 
to  be  submitted  to  the  States,  and  was  to  go  into  effect  when 
ratified  by  nine  States.  It  was  ratified  by  the  different 
States  as  follows : 


1. 

Delaware    .   . 

.    1787 

8. 

South  Carolina    . 

1788 

2. 

Pennsylvania 

.    1787 

9. 

New  Hampshire  . 

1788 

3. 

New  Jersey    . 

.    1787 

10. 

Virginia    .    .    .    . 

1788 

4. 

Georgia  .   .    . 

.    1788 

11. 

New  York    .    .    . 

1788 

5. 

Connecticut    . 

.    1788 

12. 

North  Carolina    . 

1789 

6. 

Massachusetts 

.    1788 

13. 

Rhode  Island   .   . 

1790 

7. 

Maryland    .    . 

.   ,    1788 

THE   MAKING   OF  THE   CONSTITUTION.  49 

The  Makers  of  Three  Great  Papers. — The  Declaration 
of  Independence,  the  Articles  of  Confederation,  and  the 
Constitution  are  three  famous  and  important  state  docu- 
ments. The  first  and  the  second  were  the  work  of  the 
people  through  their  Representatives  in  the  Second  Conti- 
nental Congress,  while  the  third  shows  the  power  of  the 
people  in  an  especially  called  Convention.  All  three  exhibit 
the  immense  power  the  people  have  in  managing  the  gov- 
ernment. 

The  Declaration  of  Independence  says,  "  We,  therefore, 
the  Representatives  of  the  United  States  of  America,  in  gen- 
eral Congress  assembled,  appealing  to  the  Supreme  Judge 
for  the  rectitude  of  our  intentions,  do,  in  the  name  and  by 
the  authority  of  the  good  people  of  these  colonies,  solemnly 
publish  and  declare,  that  these  United  Colonies  are,  and  of 
right  ought  to  be,  free  and  independent  States." 

The  Articles  of  Confederation  say,  "  We,  the  undersigned 
delegates,  by  virtue  of  the  power  and  authority  to  us  given 
for  that  purpose,  do,  in  the  name  and  in  behalf  of  our  re- 
spective constituents,  fully  and  entirely  ratify  the  said  Arti- 
cles of  Confederation." 

The  Constitution  says,  "  We,  the  people  of  the  United 
States  ...  do  ordain  and  establish  this  Constitution  for  the 
United  States  of  America." 

Men  and  Constitutions. — The  men  who  met  in  the  Con- 
vention and  framed  the  Constitution  of  the  United  States 
were  really  the  same  who  had  met  some  years  before  and 
composed  the  Articles  of  Confederation.  How  different  the 
results  by  practically  the  same  men !  One  set  of  laws  en- 
dured for  a  short  time  only,  while  the  other  has  lasted  for 
more  than  a  century.  There  is  some  excuse  for  the  weak- 
ness of  the  former.    No  experience  was  possessed  by  the 

4 


60  CIVIL   GOVERNMENT. 

men  of  the  time  in  the  making  of  laws.  In  the  making  of 
the  Constitution,  the  men  were  guided  by  the  defects  of  the 
Articles.  James  Wilson,  one  of  the  men  who  signed  the 
Declaration  of  Independence,  wrote  of  the  new  Constitu- 
tion, "  Regarding  it  in  every  point  of  view  with  a  candid 
and  disinterested  mind,  I  am  bold  to  assert  that  it  is  the 
best  form  of  government  which  has  been  offered  to  the 
world."  The  late  distinguished  statesman  Gladstone  said, 
"  The  American  Constitution  is  the  most  wonderful  work 
ever  struck  off  at  a  given  time  by  the  brain  and  purpose  of 


The  Federalist. — When  the  Constitution  of  the  United 
States  had  been  adopted  by  the  Convention  of  1787,  it  was 
submitted  to  the  States  for  ratification.  Some  of  the  States 
ratified  it,  while  others  did  not  think  it  met  their  ideas  of  a 
good  government.  Among  the  States  that  opposed  the  rati- 
fication of  the  Constitution  the  foremost  was  the  State  of 
New  York.  In  order  to  secure  this  State's  approval  Alex- 
ander Hamilton  conceived  the  plan  of  explaining  the  work- 
ings of  the  Constitution  in  plain  but  convincing  language. 
These  explanations  were  made  in  a  series  of  essays  written 
by  Alexander  Hamilton,  John  Jay,  and  James  Madison. 
They  were  published  in  the  Independent  Gazetteer^  a  New 
York  journal,  and  were  addressed  to  the  people  of  New 
York  urging  them  to  adopt  the  Constitution.  The  essays, 
now  known  as  "The  Federalist,"  were  always  signed 
under  the  assumed  name  "  Publius."  There  were  eighty- 
five  essays  written.  They  are  considered  masterpieces  of 
argument.  As  a  whole,  they  stand  foremost  among  docu- 
ments written  upon  government.  The  services  of  "The 
Federalist"  were  invaluable,  as,  no  doubt,  it  secured  the 
ratification  of  the  Constitution  by  New  York. 


THE   MAKING   OF   THE   CONSTITUTION.  51 

Beginning  of  the  New  Government. — Nine  States  were 
required  to  give  their  consent  before  the  Constitution  could 
go  into  effect.  Until  this  was  obtained,  the  Second  Con- 
tinental Congress  and  the  Articles  of  Confederation  were 
to  remain  in  force.  New  Hampshire  gave  its  consent 
on  June  21,  1788,  making  the  necessary  number.  In  con- 
sequence, steps  were  taken  by  the  Continental  Congress 
to  arrange  the  details  of  installing  the  new  government. 
A  committee  was  appointed  in  July,  1788,  to  report  a 
plan.  They  reported,  in  September,  1788,  in  the  following 
resolution : 

*'  Resolved,  That  the  first  Wednesday  in  January  next  be  the  day 
of  appointing  the  electors  in  the  several  States,  which  before  the  said 
day  shall  have  ratified  the  said  Constitution  ;  that  the  first  Wednesday 
in  February  next  be  the  day  for  the  electors  to  assemble  in  their  re- 
spective States,  and  vote  for  a  President ;  and  that  the  first  Wednesday 
in  March  next  be  the  time,  and  the  present  seat  of  Congress  the  place, 
for  commencing  proceedings  under  the  said  Constitution." 

The  resolution  was  adopted  and  its  provisions  carried 
out.  The  *' first  Wednesday  in  March  next"  fell  on  the 
fourth  day  of  that  month,  1789.  Afterwards  Congress 
made  March  4  the  regular  inauguration  day.  The  first  in- 
auguration was  delayed  till  April  30,  1789,  because  of  the 
delay  of  Washington  and  the  other  government  officials 
in  reaching  New  York.  All  succeeding  inaugurations  have 
been  held  on  March  4  excepting  those  which  fell  on  a 
Sunday,  in  which  case  it  was  held  on  the  Monday  fol- 
lowing. 

The  new  government  nominally  went  into  effect  June 
21,  1788,  when  the  ninth  State  ratified  the  Constitution, 
but  its  actual  operation  did  not  begin  until  April  30, 
1789. 


52 


CIVIL   GOVERNMENT. 


Name. 


Date. 

Meeting 
Place. 

A 

8 

1643 

Boston. 

4 

1754 

Albany, 
New 
York. 

7 

1765 

New  York. 

9 

1774 

Philadel- 
phia. 

12 

1775- 
1789 

Philadel- 
phia. 

13 

1786 

Annapolis. 

5 

1787 

Philadel- 
phia. 

12 

Object. 


Important 
Conventions 


1.  New    England 

Colonies 
Convention. 

2.  Albany      Con- 

vention. 


3.  Stamp  Act  Con- 

vention. 

4.  First  Continen- 

tal Congress. 


5.  Second  Conti- 
nental Con- 
gress. 


6.  Trade  Conven- 
tion. 


7.  Constitutional 
Convention. 


For  protection 
against  the  Dutch 
and  Indians. 

To  prevent  the  en- 
croachments of 
the  French  and 
Indians. 

To  resist  the  Stamp 
Act. 

To  resist  the  op- 
pression of  Great 
Britain. 

To  govern  the 
States  during  the 
war  with  Eng- 
land, and  to  free 
them  from  the 
mother  country. 

To  discuss  com- 
merce. 

To  revise  the  Arti- 
cles of  Confederal- 
tion. 


SUMMARY. 

1.  At  the  Trade  Convention,  held  in  1786,  ways  and  means  of 
improving  the  commerce  of  the  country  were  discussed.  Few  dele- 
gates being  present,  nothing  could  be  done.  Those  in  attendance 
spoke  of  the  poor  form  of  government.  An  address  was  issued  which 
called  for  another  Convention,  in  1787,  to  consider  the  present  defec- 
tive form  of  government. 

2.  The  Convention  met  in  Philadelphia.  Instead  of  amending  the 
Articles  of  Confederation  an  entirely  new  form  was  proposed.  This 
was  afterwards  adopted  and  ratified. 

3.  The  thirteen  States  were  different  in  many  ways.  To  make  one 
nation  of  them  it  was  necessary  to  make  all  agree.  The  diverse 
interests  were  brought  together  by  compromises  : 

(a)  Giving  the  small  and  large  States  the  same  power  in  the  Senate. 
In  the  House  the  membership  was  based  on  population. 


THE   MAKING   OF  THE   CONSTITUTION.  53 

(b)  The  counting  of  three-fifths  of  the  slaves  in  making  the  popu- 
lation of  a  State  for  representation. 

(c)  Forbidding  the  prohibition  of  the  slave-trade  before  1808. 

4.  Before  the  new  form  of  government  could  go  into  operation 
the  consent  of  nine  States  was  necessary.  Not  all  the  States  were  dis- 
posed in  its  favor.  Some  opposed  it  because  they  did  not  understand 
its  provisions.  A  series  of  papers,  written  by  Hamilton,  Madison, 
and  Jay,  were  issued.  In  them,  parts  of  the  Constitution  were  ex- 
plained and  reasons  given  why  the  people  should  ratify  it.  Through 
these  papers  the  consent  of  New  York  was  secured. 

5.  Nine  States  were  necessary  to  cause  a  change  in  the  form  of 
government.  When  this  was  secured,  a  resolution  providing  for  the 
installation  of  the  new  government  was  adopted  by  the  Second  Con- 
tinental Congress.  The  day  fixed  was  March  4,  1789,  but  delays 
postponed  its  beginning  till  April  30,  1789. 

QUESTIONS. 

1.  Explain  the  purpose  and  result  of  the  Trade  Convention. 

2.  Answer  the  following  questions  about  the  Constitutional  Con- 
vention :  (a)  Why  it  was  held  ;  (b)  Where  and  when  held ;  (c)  The 
names  of  the  States  represented ;  {d)  The  names  and  features  of  the 
plans  suggested  ;  (e)  The  compromises  ;  (/)  The  names,  in  order  of 
time,  of  the  States  ratifying  it. 

3.  What  relation  does  a  body  of  men  hold  to  the  success  of  any 
venture  or  work  such  as  the  Constitution  ? 

4.  Explain  fully  the  authorship  and  influence  of  "The  Federalist." 

5.  What  steps  were  taken  by  the  Second  Continental  Congress  to 
place  the  Constitution  in  operation  ? 

6.  Conventions  in  the  United  States.  Make  an  outline  showing  •. 
(a)  The  names  of  each  ;  (b)  The  date  when  held ;  (c)  The  place  of 
meeting ;  (d)  The  number  of  colonies  represented  in  each ;  (e)  The 
object  to  be  attained  ;  (/)  The  result. 

7.  Define  constitution,  convention,  compromise. 


CHAPTER  VIII. 

THE  CONGRESS  OP  THE  UNITED  STATES. 

PREAMBLE. 

We,  the  people  of  the  United  States,  in  order  to  form  a 
more  perfect  union,  establish  justice,  insure  domestic  tran- 
quillity, provide  for  the  common  defence,  promote  the  gen- 
eral -welfare,  and  secure  the  blessings  of  liberty  to  ourselves 
and  our  posterity,  do  ordain  and  establish  this  Constitution 
for  the  United  States  of  Anaerica. 

The  Preamble. — The  word  preamble  means  that  which 
begins  or  goes  before ;  as  applied  to  the  Constitution  of  a 
State  or  country,  it  means  a  clause  which  goes  before  the 
body  of  the  Constitution.  The  preamble  is  no  part  of  the 
Constitution.  It  simply  contains  all  the  reasons  for  and  pur- 
poses of  the  adoption  of  the  Constitution.  The  preamble  of 
the  Constitution  of  the  United  States  gives  these  reasons : 

1.  To  form  a  more  perfect  union. 

2.  To  establish  justice. 

3.  To  insure  domestic  tranquillity. 

4.  To  provide  for  the  common  defence. 

5.  To  promote  the  general  welfare. 

6.  To  secure  the  blessings  of  liberty  for  ourselves  and  our  posterity. 

Explanation  of  the  Reasons. — The  country,  owing  to 
the  many  defects  of  the  Articles  of  Confederation,  was  in  a 
very  bad  condition.  The  weakness  of  the  Articles  was  the 
main  reason  for  holding  a  Constitutional  Convention.  It  is 
natural,  therefore,  that  this  reason  should  come  first, — 
namely,  *'  a  more  perfect  union." 

54 


THE   CONGRESS   OF  THE  UNITED   STATES.  55 

From  the  earliest  history  of  the  colonies,  and  until  the 
year  1789,  the  system  of  courts  and  the  method  of  adminis- 
tering justice  were  very  incomplete.  No  remedy  was  found 
under  the  Articles,  for  they  did  not  provide  for  a  national 
system  of  courts.  The  courts  of  the  States  were  the  high- 
est in  power.  As  you  have  been  told,  appeals  could  not  be 
taken  from  the  decisions  of  these  courts,  as  there  was  no 
higher  body  to  which  to  appeal.  The  natural  result  of  this 
was  that  the  verdicts  of  one  State  court  were  often  directly 
opposed  to  those  of  another.  Justice  is  one  of  the  bases 
upon  which  a  good  and  successful  nation  must  be  built. 
This  fact  was  clear  in  the  minds  of  those  men  who  made 
the  Constitution.  To  remedy  this  defect  of  the  Articles  a 
system  of  national  courts,  higher  than  any  State  court  or 
group  of  State  courts,  was  provided  for  in  the  Constitution, 
and  consequently  mentioned  in  the  preamble. 

"  To  secure  domestic  tranquillity"  a  power  higher  than 
the  States  was  provided  for  in  the  nation,  and  thus  all 
cause  for  State  jealousy  was  obliterated.  Before  1789  the 
several  States  were  continually  disputing  with  each  other  to 
such  an  extent  that  it  almost  led  to  open  warfare. 

"  Common  defence"  means  that  all  the  protection  of  the 
nation  was  guaranteed  to  each  State  when  needed. 

"  General  welfare"  was  to  be  secured  by  all  of  the  States 
acting  in  harmony. 

All  the  benefits  of  the  Constitution  and  the  "  blessings  of 
liberty"  were  to  be  not  only  for  the  people  of  the  United 
States  who  lived  about  1789,  but  for  their  children  and  their 
descendants. 

As  we  proceed  in  the  study  of  the  Constitution  we  will 
see  how  all  of  these  reasons  and  purposes  expressed  in  the 
preamble  were  carried  out.  We  will  also  see  how  these  pro- 
visions mentioned  in  the  Constitution  caused  violent  dis- 


66  CIVIL  GOVERNMENT. 

cussions  at  different  times.  We  think  you  will  also  be  proud 
of  the  strong  government  which  it  is  your  natural  privilege 
to  enjoy.  It  required  strong  hands  and  wise  men  to  make 
this  government.  It  will  be  your  duty  when  you  become 
older  to  meet  some  perplexing  problem  of  national  impor- 
tance. In  your  hands  your  forefathers  and  your  fathers 
place  the  destiny  of  the  nation. 

ARTICLE  I. 

Legislative  Powers  Vested  in  Congress. 

Sec.  I.  All  legislative  powers  herein  granted  shall  be 
vested  in  a  Congress  of  the  United  States,  w^hich  shall  con- 
sist of  a  Senate  and  House  of  Representatives. 

Legislative  Department. — The  government  of  the 
United  States  is  divided  into  three  parts,  each  performing  a 
special  function  in  carrying  on  the  government, — ^they  are : 

1.  The  Legislative  Department. 

2.  The  Executive  Department. 

3.  The  Judicial  Department. 

Legislative  means  pertaining  to  law.  The  Legislative 
Department  is  that  branch  of  the  government  which  makes 
the  laws.  This  power  to  make  laws  is  vested  in  a  Congress, 
which  consists  of  two  bodies, — namely : 

1.  The  Senate. 

2.  The  House  of  Representatives. 

Congress. — Two  Houses. — Under  the  Articles  there  was 
but  one  house,  by  which  all  the  laws  were  made.  Each 
State  was  represented  in  this  body  by  at  least  two  and  no 
more  than  seven  members.  We  have  already  discussed  the 
advisability  of  having  a  Legislature  made  up  of  two  bodies. 


THE   CONGRESS   OF  THE   UNITED   STATES. 


57 


It  has  been  found  that  where  there  are  t\To  bodies  one  acts 
as  a  check  upon  the  ignorance  and  extravagance  of  the 
other.  The  members  of  one  body  very  often  discover 
serious  mistakes  in  bills  passed  by  the  other  body.  Many 
blunders  and  errors  are  thus  discovered  and  corrected. 
At  the  present  time  all  civilized  countries  have  their  Legis- 
lative Department  divided  into  two  departments. 

In  the  United  States  the  higher  body,  or  Senate,  is 
made  up  of  men  who  represent  the  State,  while  the  lower 
body,  or  House  of  Representatives,  is  made  up  of  men  who 
represent  the  people.  The  number  of  members  in  the 
upper  house  varies  with  the  number  of  States.  As  new 
States  are  admitted  the  number  of  members  in  this  body 
increases.  The  number  of  members  in  the  House  of  Rep- 
resentatives varies  with  the  population  of  the  States.  All 
States  have  the  same  representation  in  the  Senate,  and  con- 
sequently the  same  power.  Delaware,  which  is  a  small 
State,  has  as  many  Senators  as  New  York,  which  is  a  very 
large  State.  The  former,  however,  has  but  one  Repre- 
sentative in  the  House  of  Representatives,  while  the  latter 
has  thirty-seven.  This  arrangement  of  representation  in  the 
Senate  and  House  of  Representatives  was  the  result  of  a 
compromise  in  the  Constitutional  Convention,  discussed  on 
page  47. 

liEGISLATIVB  BODIES. 


Country. 

First  Part. 

Second  Part. 

United  States 

England 

Germany 

Switzerland 

France 

Senate. 

House  of  Lords. 

Bundesrath. 

State  Council. 

Senate. 

House  of  Kepresentatives. 
House  of  Commons. 
Eeichstag. 
National  Council. 
Chamber  of  Deputies. 

68  CIVIL  GOVERNMENT. 

Composition  of  the  House  of  Representatives. 

Sec.  n.  1.  The  House  of  Representatives  shall  be  com- 
posed of  members  chosen  every  second  year  by  the  people 
of  the  several  States,  and  the  electors  in  each  State  shall 
have  the  qualiiacations  requisite  for  electors  of  the  most 
numerous  branch  of  the  State  Legislature. 

Composition  of  the  House  of  Representatives. — The 
House  of  Representatives  is  one  branch  of  Congress.  In 
a  large  country  like  ours  it  is  impossible  for  all  the  people 
to  have  a  voice  in  the  government.  It  is  necessary,  there- 
fore, for  a  certain  number  of  people  in  each  State  to  choose . 
from  among  their  number  a  person  to  act  for  or  to 
represent  them.  The  person  selected  is  called  a  Repre- 
sentative. The  Representatives  from  all  the  States  make 
up  the  lower  body  of  Congress,  called  the  House  of 
Representatives. 

A  Representative  is  chosen  directly  by  the  people  of  a 
State,  and  his  term  of  office  is  two  years. 

Elector  means  a  qualified  voter. 

Qualifications  means  having  the  properties  or  qualities 
necessary  to  secure  or  hold  a  certain  position. 

Each  State  Legislature  is  composed  of  two  parts  or 
branches.  The  more  numerous  branch  is  that  containing 
the  greater  number  of  members.  A  voter  or  elector  must 
possess  certain  qualifications  to  vote  for  a  member  of  the 
more  numerous  branch  of  the  State  Legislature,  and  the 
latter  part  of  this  clause  means  that  if  a  voter  or  elector 
can  vote  for  a  member  of  the  more  numerous  branch 
of  the  State  Legislature  the  same  qualifications  will  entitle 
him  to  vote  for  a  Representative  in  Congress.  Suppose 
Mr.  Rawlinson  is  a  candidate  for  the  more  numerous 
branch  of  the  State  Legislature.     Mr.  Thomas  is  a  candi- 


THE   CONGRESS   OF  THE  UNITED   STATES.  59 

date  for  Representative  to  Congress  at  Washington.  The 
Constitution  provides  that  if  Mr.  Walton  have  the  requisite 
or  necessary  qualifications  to  vote  for  Mr.  Rawlinson  the 
same  qualifications  will  entitle  him  to  vote  for  Mr.  Thomas. 
The  object  of  this  clause  is  to  give  all  qualified  persons  a 
voice  in  the  making  of  the  laws  not  only  of  the  State  but 
also  of  the  nation. 

Qualifications  of  Representatives. 

2.  No  person  shall  be  a  Representative  -who  shall  not 
have  attained  to  the  age  of  twenty-five  years,  and  been 
seven  years  a  citizen  of  the  United  States,  and  who  shall 
not,  w^hen  elected,  be  an  inhabitant  of  that  State  in  which 
he  shall  be  chosen. 

Qualifications  of  a  Representative. — A  person  to  be  a 
Representative  must  be  twenty-five  years  of  age,  seven 
years  a  citizen  of  the  United  States,  and  at  the  time  of  his 
election  must  live  in  the  State  which  he  is  to  represent. 

It  will  be  seen  from  this  clause  that  a  foreign-bom  person 
may  become  a  Representative.  He  must,  however,  first 
become  a  citizen,  which  takes  five  years,  then  he  must  be 
a  citizen  of  the  United  States  seven  years,  making  twelve 
years  the  shortest  time  in  which  a  foreigner  could  become 
a  Representative.  This  is  proper.  A  man  who  lives  in  a 
country  twelve  years  ought  to  know  a  great  many  things 
about  that  country.  So  that,  if  a  foreigner,  who  has  any 
amount  of  intelligence,  can  acquire  the  knowledge  that  a 
person  who  wishes  to  be  a  Representative  should  have,  he 
can,  after  he  has  lived  as  a  citizen  of  our  country  for  seven 
years,  be  eligible  to  that  position. 

A  Representative  must  live,  when  elected,  in  the  State 
electing  him.  After  being  elected,  he  could,  if  he  desired, 
remove  to  another  State  and  still  be  a  Representative  of  the 


60  CIVIL   GOVERNMENT. 

State  from  which  he  removed.  He  could  only  be  a  Repre- 
sentative of  that  State  until  it  was  time  to  select  another 
Representative  in  his  place.  A  Representative  seldom  leaves 
the  State  which  he  has  been  chosen  to  represent  in  Con- 
gress. The  people  of  a  State  always  choose  one  of  their 
own  number  for  Representative  who  knows  their  needs, 
and  one  who  will  remain  a  resident  of  the  State.  In  Eng- 
land a  man  may  be  elected  a  member  of  Parliament  with- 
out being  a  resident  of  the  place  which  he  represents. 
Thus,  a  man  living  in  Birmingham,  if  he  is  chosen,  may 
represent  Dublin,  Ireland.  When  our  forefathers  made  the 
Constitution  they  thought  it  right  that  the  honor  to  repre- 
sent a  community  or  State  should  be  conferred  upon  a 
person  living  in  that  community.  A  man  living  in  Penn- 
sylvania knows  the  needs  and  desires  of  that  State  better 
than  a  man  who  lives  in  Texas. 

Apportionment  of  Representatives  and  Direct  Taxes— Census. 

3.  Representatives  and  direct  taxes  shall  be  apportioned 
among  the  several  States  which  may  be  included  within 
this  Union,  according  to  their  respective  numbers,  which 
shall  be  determined  by  adding  to  the  whole  number  of 
free  persons,  including  those  bound  to  service  for  a  term 
of  years,  and  excluding  Indians  not  taxed,  three-fifths  of 
all  other  persons.  The  actual  enumeration  shall  be  made 
■within  three  years  after  the  first  meeting  of  the  Congress 
of  the  United  States,  and  within  every  subsequent  term 
of  ten  years,  in  such  a  manner  as  they  shall  by  law^  direct. 
The  number  of  Representatives  shall  not  exceed  one  for 
every  thirty  thousand,  but  each  State  shall  have  at  least 
one  Representative;  and  until  such  enumeration  shall  be 
made,  the  State  of  New  Hampshire  shall  be  entitled  to 
choose  three,  Massachusetts  eight,  Rhode  Island  and  Provi- 
dence Plantations  one,  Connecticut  five.  New  York  six.  New 
Jersey  four,  Pennsylvania  eight,  Delaware  one,  Maryland 
six,  Virginia  ten,  North  Carolina  five,  South  Carolina  five, 
and  Georgia  three. 


THE   CONGRESS   OF  THE   UNITED   STATES.  61 

Census. — Enumeration  means  counting  the  inhabitants 
or  people.  This  census  is  compulsory  on  the  part  of  Con- 
gress, and  is  taken  every  ten  years.  The  uses  of  a  census 
are : 

1.  To  fix  the  number  of  Representatives  of  each  State  in  Congress. 

2.  To  form  a  basis  for  the  laying  of  direct  taxes. 

8.  As  a  matter  of  history  to  compare  the  growth  of  one  country 
with  that  of  another. 

The  Constitution  went  into  effect  in  1789.  Previous  to 
this  time  no  enumeration  of  the  inhabitants  of  the  country 
had  been  made,  consequently  the  number  of  persons  in  each 
State  was  unknown,  and  it  was  impossible  to  tell  exactly 
how  many  Representatives  each  State  should  send  to  Con- 
gress. In  order  to  delay  the  new  government  as  little  as 
possible  a  rough  estimate  of  each  State's  population  was 
made.  This  basis  of  representation  lasted  until  the  first 
census  was  taken.  The  following  table  shows  the  num- 
ber of  Representatives  allotted  to  each  State  in  the  First 
Congress : 


New  Hampshire   ....  3 

Massachusetts 8 

Rhode  Island 1 

Connecticut 5 

New  York 6 

New  Jersey 4 

Pennsylvania 8 


Delaware 1 

Maryland 6 

Virginia 10 

North  Carolina   ....  6 

South  Carolina    ....  6 

Georgia 3 


By  the  Constitution  Congress  was  given  three  years  in 
which  to  take  the  first  census,  but  immediately  after  their 
first  meeting  the  importance  of  this  work  became  apparent, 
and  instead  of  postponing  it  to  the  last  of  the  three  years^ 


62 


CIVIL   GOVERNMENT. 


it  was  commenced  at  once,  and  completed  in  1 790. 
twelfth  census  was  taken  in  1900. 


The 


Census. 

Year. 

Population. 

First 

1790 

3,929,214 

Pifth 

1830 
1850 

12,866,020 

Seventh 

23,191,876 

Eleventh 

1890 

62,982,244 

Twelfth 

1900 

76,295,220 

Basis  of  Representation. — Under  this  clause  the  follow- 
ing were  counted  in  the  basis  of  representation : 

1.  All  free  persons. 

2.  Persons  bound  to  service, — namely,  convicts  and  apprentices. 

3.  Three-fifths  of  all  other  persons, — viz.,  slaves. 

This  last  part,  as  previously  stated,  was  the  result  of  a 
compromise  between  the  free  and  slave  States  when  the 
Constitution  was  being  made.  The  South  did  not  want  to 
permit  the  slaves  to  vote  for  Representatives,  but  simply- 
wanted  them  counted  when  Representatives  were  appor- 
tioned. The  North  objected  to  this,  and  said  that  if  the 
negroes  were  to  be  deprived  of  the  right  to  vote  for  Repre- 
sentatives they  should  not  be  included  in  the  basis  of  rep- 
resentation. They  settled  this  question  by  agreeing  to  count 
three-fifths  of  the  slaves  in  each  State.  The  South  having 
many  slaves  and  comparatively  few  whites,  this  was  the 
only  way  by  which  the  Southern  States  could  be  properly 
represented.  If  the  whites  alone  had  been  counted  the 
South  would  have  had  few  Representatives,  and  conse- 
quently no  power  to  resist  any  attempt  that  might  be  made 
to  interfere  with  slavery. 


THE   CONGRESS   OF  THE   UNITED   STATES.  63 

New  Basis  of  Representation. — Under  the  clause  of  the 
Constitution  now  being  studied,  three-fifths  of  the  slaves 
were  counted  in  the  basis  of  representation ;  but  when  the 
slaves  were  liberated  it  became  necessary  to  amend  this 
clause.  The  amendment  will  be  found  in  what  is  known 
as  the  Fourteenth  Amendment,  and  it  reads  as  follows  : 

Representatives  shall  be  apportioned  among  the  several 
States  according  to  their  respective  numbers,  counting  the 
whole  number  of  persons  in  each  State,  excluding  Indians 
not  taxed. 

It  will  thus  appear  that  all  persons  in  the  States  except 
untaxed  Indians  are  included  in  the  basis  of  representation. 

Method  of  Apportionment. — Taking  the  twelfth  census 
as  the  basis,  the  method  of  apportionment  will  now  be 
considered.  By  an  Act  of  Congress  approved  January  16, 
1901,  the  number  of  Representatives  was  fixed  at  386. 
This  number  divided  into  the  entire  population  entitled  to 
representation  will  give  the  number  of  persons  necessary 
for  one  Representative. 

In  taking  the  census  all  persons  living  within  the  territory 
of  the  United  States  are  counted.  Those  living  in  thQ  States 
are  allowed  Representatives,  while  those  living  in  Territories 
are  not  allowed  Representatives.  Therefore,  the  popula- 
tion of  the  Territories  and  the  untaxed  Indians  must  be 
deducted  from  the  entire  population  to  find  the  exact  num- 
ber of  persons  entitled  to  elect  Representatives.  The  entire 
population  by  the  census  of  1900  was  76,295,220,  and 
the  number  of  persons  not  entitled  to  representation  was 
1,729,314.  Deducting  this  number  from  the  entire  popu- 
lation and  dividing  by  386  we  find  that  the  number  of  per- 
sons necessary  to  elect  a  Representative  is  193,175.  This 
is  called  the  ratio  of  representation. 


64  CIVIL  GOVERNMENT. 

Having  thus  secured  the  ratio  of  representation,  the  popu- 
lation of  any  State  divided  by  193,175  will  give  the  number 
of  Representatives  to  which  the  State  is  entitled. 

If  it  should  appear  that  any  State  had  a  less  number  of 
inhabitants  than  is  required  for  one  Representative,  such 
State  is  entitled  to  one,  so  as  to  give  it  representation  in  the 
lower  House  of  Congress. 

Each  State  is  divided  by  its  own  Legislature  into  as  many 
Congressional  districts  as  the  number  of  its  members  in  the 
House  of  Representatives.  It  sometimes  happens  that  a 
State  Legislature  does  not  redistrict  a  State  after  the  latest 
census.  If  there  be  any  increase  in  that  State's  represen- 
tation in  Congress  such  additional  members  do  not  repre- 
sent any  particular  district,  but  are  elected  by  the  whole 
State,  and  are,  therefore,  called  Congressmen-at-large. 

If  a  State  entitled  to  thirty-one  Representatives  should 
have  but  twenty-eight  Congressional  districts,  three  Con- 
gressmen-at-large would  be  elected.  If,  on  the  other  hand, 
the  representation  of  any  State  decreased,  and  the  Legisla- 
ture should  fail  to  redistrict  the  State  according  to  the  new 
number,  all  the  Representatives  of  that  State  would  be 
chosen  as  Congressmen-at-large. 

The  Act  of  Congress  under  which  the  following  apportion- 
ment was  made  recognizes  193,175  as  the  ratio  of  repre- 
sentation ;  but  if  the  population  of  each  State  be  divided 
by  this  number,  it  will  be  found  that  Maine  and  Nebraska 
will  fall  short  of  the  number  of  Representatives  given  to 
them  by  this  Act. 

Congress,  however,  not  wishing  to  diminish  the  number 
of  Representatives  of  any  State,  decided  that  Maine  and 
Nebraska,  although  not  having  the  requisite  population, 
should  have  as  many  members  in  the  lower  branch  of 
Congress  as  they  had  under  the  former  apportionment. 


THE   CONGRESS   OF  THE   UNITED   STATES. 


65 


The  386   Representatives  are  apportioned  among  the 
States  as  follows : 


state. 


Alabama 

Arkansas 

California 

Colorado 

Connecticut  .... 

Delaware 

Florida 

Georgia 

Idaho 

Illinois 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts  .    .    . 

Michigan 

Minnesota 

Mississippi    .    .    .    . 

Missouri 

Montana 


Number  of 
Representatives. 


3 

6 

1 

3 

11 

1 

26 

13 

11 

8 

11 

7 

4 

6 

14 

12 

9 

8 

16 

1 


Nebraska.   .    . 
Nevada    .    .    . 
New  Hampshire 
New  Jersey .   . 
New  York  .    . 
North  Carolina 
North  Dakota 
Ohio.    .    .    . 
Oregon.    .    . 
Pennsylvania 
Khode  Island 
South  Carolina 
South  Dakota 
Tennessee     . 
Texas    .    .    . 
Utah     .    .    . 
Vermont  .    . 
Virginia  .    . 
Washington 
West  Virginia 
Wisconsin 
Wyoming 


Number  of 
Representatives. 


6 

1 

2 

10 

37 

10 

2 

21 

2 

32 

2 

7 

2 

10 

16 

1 

2 

10 

3 

5 

11 

1 


Whenever  a  new  State  is  admitted  to  the  Union,  the 
Representative  or  Representatives  assigned  to  it  shall  be  in 
addition  to  the  number  386. 

4.  "When  vacancies  happen  in  the  representation  of  any- 
State,  the  executive  authority  thereof  shall  issue  writs  of 
election  to  fill  such  vacancies. 

Pilling  Vacancies  in  the  House  of  Representatives. — 
A  vacancy  is  an  unoccupied  or  empty  office.  An  office  may 
become  vacant  in  various  ways : 


1. 

2. 
3. 

By  death. 

By  resignation. 

By  removal. 

4. 

By  continued  and  serious  illness. 
6 

65 

66  CIVIL   GOVERNMENT. 

While  Congress  is  in  session  it  is  very  important  that  all 
Representatives  of  a  State  should  be  present.  It  is  the  duty 
of  these  men  to  see  that  the  interests  of  their  States  are 
carefully  looked  after  and  protected.  If  there  be  one  Repre- 
sentative away  from  Congress,  or  if  there  be  one  vacancy 
in  the  House,  193,175  people  are  not  represented.  To 
guard  against  any  such  contingency  as  this,  the  Constitution 
mentions  a  way  in  which  such  vacancies  may  be  filled. 

The  executive  authority  of  a  State  is  the  Governor.  A 
writ  of  election  is  a  paper  issued  and  signed  by  the  Governor 
and  sent  to  a  sheriff  notifying  him  to  hold  an  election  to  fill 
a  vacancy  mentioned  in  the  writ. 

When  the  Governor  becomes  aware  of  a  vacancy  he 
issues  a  writ  of  election,  and  an  election  is  soon  held  to  fill 
it.  The  man  elected  Representative  in  case  of  a  vacancy 
only  serves  the  remainder  of  the  term  of  the  former  member. 

Selection  of  Oflacers— Power  of  Impeacliment. 

6.  The  House  of  Representatives  shall  choose  their 
Speaker  and.  other  ofiQcers ;  and  shall  have  the  sole  power 
of  impeachment. 

Oflacers  of  the  House. — The  House  contains  about  three 
hundred  and  eighty-six  members.  In  such  a  large  body  it  is 
necessary  to  have  some  one  to  direct  the  movements  of  the 
members,  to  appoint  committees,  and  preserve  order.  The 
duties  are  performed  by  a  Representative  chosen  by  his 
fellow-members.  He  is  called  the  Speaker.  He  is  allowed 
to  vote  on  all  questions  because  he  represents  some  dis- 
trict. For  an  illustration,  let  us  suppose  Mr.  Allen  repre- 
sents Philadelphia  in  the  House  and  he  is  elected  Speaker 
of  that  body.  If  he  were  not  allowed  to  vote  upon  all 
questions  the  people  of  Philadelphia  whom  he  represents 
would  have  no  voice  in  the  government.   The  Speaker  really 


THE   CONGRESS   OF   THE   UNITED   STATES.  67 

perfoiTQS  the  duties  of  two  offices,  he  represents  a  number 
of  people  and  at  the  same  time  guides  the  affairs  of  the 
House.  To  be  selected  Speaker  of  the  House  is  considered 
a  high  honor,  and  is  sought  by  many  Representatives. 

The  members  of  the  House  also  choose  these  officers,  who 
are  not  Representatives  but  simply  workmen : 

1.  Chaplain.  4.  Door-keepers. 

2.  Clerks,  5.   Postmasters. 

3.  Sergeant-at-arms.  6.  Pages. 

Duties  of  the  Oflacers. — These  officers  are  elected  by 
each  house  at  the  beginning  of  Congress.  At  the  beginning 
of  each  session  each  house,  before  it  proceeds  to  business, 
is  opened  with  prayer  by  its  chaplain.  This  gives  Congress 
a  religious  aspect  and  indicates  the  belief  of  the  American 
people  in  a  Supreme  Reing. 

The  clerks  have  charge  of  the  journal.  In  this  book  all 
the  proceedings  of  each  house  are  carefully  recorded. 
Other  clerks  copy  and  read  bills  which  are  introduced. 

The  sergeant-at-arms  preserves  order  in  the  House  when 
the  Speaker  does  not  secure  it  immediately.  The  Speaker 
occupies  a  position  in  the  front  of  the  House.  When  he 
strikes  the  gavel  the  members  usually  come  to  order ;  but, 
during  times  of  great  excitement,  the  members  often  lose 
control  of  themselves  and  do  not  heed  the  Speaker's  com- 
mand. He  then  directs  the  sergeant-at-arms  to  go  among 
these  disorderly  members  on  the  floor  of  the  House  and 
restore  order.  This  he  does,  not  by  force  or  argument,  but 
by  means  of  a  symbol  of  his  office.  This  symbol  is  called 
the  mace.  This  stands  in  the  fore  part  of  the  assembly 
room.  When  the  Speaker  finds  it  difficult  to  control  mem- 
bers he  directs  the  sergeant-at-arms  to  take  the  mace  from 
its  position  and  carry  it  among  the  disorderly  members,  who 


68  CIVIL   GOVERNMENT. 

immediately  recognize  it  as  the  symbol  of  high  authority. 
It  is  a  signal  to  desist  from  further  disorder.  The  mace 
consists  of  a  number  of  ebony  sticks,  each  terminating  with 
a  spear-head.  These  are  bundled  together,  and  projecting 
from  the  top  is  an  American  eagle  made  of  metal.  The 
mace  is  the  relic  of  an  old  custom  among  the  Romans. 
To  them  it  was  always  the  symbol  of  the  highest  authority. 
The  sergeant-at-arms,  when  directed  by  the  Speaker,  has 
the  power  also  to  compel  the  attendance  of  absent  members. 
The  door-keepers  have  charge  of  the  entrances  and  exits 
of  the  building.  The  postmasters  receive  the  enormous 
mail  directed  to  the  members,  assort  it,  and  deliver  it  to  the 
proper  persons.  The  pages  are  scattered  throughout  the 
building.  They  perform  the  different  errands  on  which 
they  are  sent  by  the  members. 

Impeachment. — The  accusation  against  a  public  officer 
for  bad  conduct,  or  for  some  crime  committed  while  he 
holds  office,  is  called  impeachment.  The  object  of  im- 
peachment is  twofold :  first,  to  deter  public  officials  from 
committing  wrong  actions ;  second,  to  protect  the  govern- 
ment by  removing  such  persons  from  office,  if  found  guilty. 
The  House  alone  has  the  power  to  bring  the  charge  of 
impeachment. 

Of  the  Senate. 

Sec.  m.  1.  The  Senate  of  the  United  States  shall  be  com^ 
posed  of  two  Senators  from  each  State,  chosen  by  the 
Legislature  thereof,  for  six  years;  and  each  Senator  shall 
have  one  vote. 

Senate  Composition. — The  Senate  is  the  name  applied  to 
the  higher  body  of  Congress.  In  comparison  with  the  House 
it  is  a  much  smaller  body,  and,  as  a  rule,  contains  abler  men. 

A  Senator  is  chosen  by  the  Legislature  of  a  State  for  a 
term  of  six  years.    Each  State  has  two  Senators.    Knowmg 


THE   CONGRESS   OF  THE   UNITED   STATES.  69 

the  number  of  States,  one  can  readily  estimate  the  number 
of  Senators.  Rhode  Island  and  New  York  have  the  same 
power  in  the  Senate,  although  the  former  contains  fewer 
people  in  comparison  with  the  latter.  The  giving  of  two 
Senators  to  each  State  was  the  result  of  a  compromise.  By- 
giving  to  each  State,  large  and  small,  the  same  number  of 
Senators,  the  consent  of  the  smaller  States  to  the  ratifica- 
tion of  the  Constitution  was  secured. 

The  membership  of  the  Senate  increases  very  slowly. 
This  is  due  to  the  fact  that  Territories  are  not  admitted  very 
rapidly  into  the  Union  as  States.  The  land  not  taken  up 
by  the  States  makes  Territories,  and  until  such  Territories 
obtain  a  sufficient  population  to  entitle  them  to  admission  as 
States  many  years  must  necessarily  elapse.  In  the  House 
this  is  different.  The  number  of  members  varies  according 
to  the  population.  A  State  having  a  great  increase  is  likely 
to  have  its  number  of  Representatives  enlarged.  After  each 
census  is  taken  it  is  generally  found  that  the  greatest  in- 
creases in  population  are  in  those  localities  which  are  already 
States.  An  established  State  can  never  have  its  Senators 
increased  nor  diminished  in  number,  but  if  its  population 
becomes  more  vast  its  representation  in  the  House  becomes 
larger.  If,  on  the  other  hand,  the  population  of  a  State 
decreases  its  representation  in  the  House  decreases.  If  an 
increase  in  population  occurs  in  all  the  States,  it  will  be  ap- 
parent that  while  the  States  gain  nothing  so  far  as  the 
membership  of  the  Senate  is  concerned  the  membership 
of  the  House  increases. 


Membership  of  Congress. 

1790. 

1900. 

Senate 

26 
65 

90 

House  of  Kepresentatives 

357 

70  CIVIL   GOVERNMENT. 

Classification  of  Senators— Filling-  of  Vacancies. 

2.  Immediately  after  they  shall  be  assembled  in  conse- 
quence of  the  first  election,  they  shall  be  divided  as  equally 
as  may  be  into  three  classes.  The  seats  of  the  Senators  of 
the  first  class  shall  be  vacated  at  the  expiration  of  the 
second  year,  of  the  second  class  at  the  expiration  of  the 
fourth  year,  and  of  the  third  class  at  the  expiration  of  the 
sixth  year,  so  that  one-third  may  be  chosen  every  second 
year;  and  if  vacancies  happen  by  resignation  or  other- 
■wise,  during  the  recess  of  the  Legislature  of  any  State,  the 
Executive  thereof  may  make  temporary  appointments  until 
the  next  meeting  of  the  Legislature,  which  shall  then  fill 
such  vacancies. 

Classes  of  Senators. — It  is  not  a  good  plan  to  have  all 
the  members  of  Congress  go  out  of  office  at  the  same  time. 
After  each  election  many  new  men  are  chosen  and  sent  to 
Washington.  The  new  Representatives  and  Senators  often- 
times are  not  thoroughly  acquainted  with  public  affairs.  To 
avoid  any  blunders  which  might  be  made  by  these  inexperi- 
enced men,  the  Constitution  provides  a  way  in  which  Con- 
gress will  always  contain  sufficient  experienced  members  to 
protect  the  government.  The  members  of  the  Senate  are 
now  chosen  to  serve  a  term  of  six  years.  At  the  beginning 
of  the  government,  in  1789,  the  Senators  of  the  States  were 
divided  into  three  classes.  The  members  of  each  class 
were  determined  by  lot.  Those  in  the  first  class  were  to 
serve  two  years ;  those  in  the  second,  four  years  ;  and  those 
in  the  third,  six  years.  The  arrangement,  in  its  operation 
now,  causes  one-third  of  the  members  of  the  Senate  to  be 
chosen  every  two  years.  In  case  the  same  men  are  not 
chosen  to  succeed  themselves,  there  is  always  at  least  two- 
thirds  of  the  membership  of  the  Senate  composed  of  ex- 
perienced members. 

The  reason  that  the  House  of  Representatives  was  not 


THE   CONGRESS   OF   THE   UNITED   STATES. 


71 


divided  into  classes  was  due  to  the  fact  that  the  term  of 
office  of  a  Representative  is  but  two  years.  This  was  pur- 
posely made  so,  in  order  that  the  people,  if  they  so  desired, 
might  change  their  opinion  on  public  questions  and  select 
new  Representatives  who  would  carry  out  the  wishes  of 
their  constituents. 


First  Senate. 

Year. 

Members. 

First  Class 

1789. 
1789. 
1789. 

8  Senators. 

Second  Class .                                       ... 

9  Senators. 

Third  Class            

9  Senators. 

This  classification  was  necessary  only  in  1789.  As 
each  new  State  was  admitted  the  new  Senators  were 
assigned  to  that  class  which  did  not  have  an  equal  number 
with  the  rest. 

Vacancies  in  the  Senate. — As  the  State  Legislature  elects 
the  Senator,  it  is  right  that  it  should  have  the  power  to  fill 
vacancies.  Whenever  there  is  a  vacancy  in  the  Senate  it 
may  be  filled  in  two  ways, — namely : 

1.  If  the  Legislature  is  in  session  when  the  vacancy  occurs,  a  Senator 
is  immediately  chosen  to  represent  the  State. 

2.  If  the  Legislature  is  not  in  session,  it  would  take  too  much  time, 
trouble,  and  expense  to  call  its  members  together  for  the  single  purpose 
of  choosing  a  successor  to  fill  the  vacancy.  To  avoid  this  the  Gov- 
ernor or  executive  authority  of  the  State  is  given  the  power  to  appoint 
a  person  as  Senator. 


The  person  selected  Senator  by  the  Governor,  however, 
serves  only  until  the  Legislature  meets  again.     The  person 


72  CIVIL   GOVERNMENT. 

selected  by  the  State  Legislature  to  act  as  Send  tor  serves 
only  the  remainder  of  the  unexpired  term. 

Election  of  Senators  by  the  People. — State  laws  require 
a  majority  vote  of  the  Legislature  to  elect  a  national  Sena- 
tor. In  any  Legislature  composed  of  but  two  parties  one  is 
likely  to  have  a  greater  number  than  the  other.  The  elec- 
tion of  a  Senator  in  this  case  is  an  easy  matter.  In  a  Legis- 
lature composed  of  three  strong  parties,  a  division  of  the 
total  membership  may  be  so  made  as  to  prevent  any  party 
from  having  a  majority. 

("First  Party    ...    50 
Members  of  the  State  Legislature,  117.  j  Second  Party    .   .    45 

[  Third  Party  ...    22 

A  majority  of  this  membership  would  be  fifty- nine.  The 
Legislature  meets  to  elect  a  Senator.  On  the  first  ballot  no 
one  has  a  majority.  The  Legislature,  in  accordance  with 
the  law,  meets  every  day,  Sundays  excepted,  and  votes 
again.  If  the  members  persist  in  voting  for  the  same  candi- 
date for  whom  they  voted  on  the  first  ballot  the  vote  will 
always  be  the  same,  and  no  Senator  will  be  elected. 

The  non-election  of  a  Senator  may  also  be  the  result 
when  there  are  but  two  parties  in  the  Legislature.  In  such 
case,  the  majority  party  is  divided  into  factions  and  cannot 
agree  on  one  candidate.  Each  faction  presents  a  candidate. 
The  minority  party  also  nominates  a  candidate.  There  can 
be  no  result  unless  the  factions  in  the  majority  party  com- 
bine, or  the  minority  party  and  one  of  the  factions  vote  for 
one  candidate.  When  no  combination  of  forces  occurs  the 
Legislature  adjourns  without  electing  a  Senator.  This  leaves 
a  State  with  but  one  vote  in  the  United  States  Senate. 

The  Constitution  gives  the  Governor  the  power  to  fill  a 


THE   CONGRESS   OF  THE   UNITED   STATES.  73 

vacancy  which  happens  during  the  recess  of  the  State  Legis- 
lature. The  Senate,  being  the  judge  of  the  election  and 
qualifications  of  its  own  members,  has  decided  that  a  Gov- 
ernor cannot  appoint  any  person  as  Senator  when  the  State 
Legislature  has  failed  to  elect.  The  power  of  election  be- 
longs to  that  body,  and  it  should  fulfil  that  function  or  else 
the  place  should  remain  vacant.  When  the  office  has  been 
regularly  filled  and  a  vacancy  occurs  while  the  Legislature 
is  not  in  session,  there  is  no  question  as  to  the  Governor's 
right  to  appoint. 

In  1899  the  States  of  California,  Utah,  Delaware,  and 
Pennsylvania  did  not  have  two  Senators  in  Washington, 
because  the  Legislature  in  each  of  these  States  failed  to 
elect.  Important  business  was  transacted  during  this  year, 
and  the  people  in  these  States  did  not  have  their  proper 
representation. 

The  frequent  occurrence  of  this  state  of  affairs  has  led 
Congress  to  attempt  to  amend  the  Constitution  so  as  to  pro- 
vide for  the  election  of  United  States  Senators  by  a  direct 
vote  of  the  people,  but  the  necessary  two-thirds  vote  for 
such  amendment  has  never  been  secured. 

The  old  idea  was  that  the  people  and  the  State  in 
which  they  lived  were  two  separate  bodies,  and  that  each 
should  be  represented  in  Congress.  The  people  and  the 
State  to-day  are  one,  and  cannot  be  separated. 

The  people  suffer  the  effects  of  evil  legislation.  When 
the  people  select  Representatives  who  legislate  against  the 
best  interests  of  the  public  they  have  no  just  cause  for 
complaint.  But  when  United  States  Senators,  elected  by 
State  Legislatures,  fail  to  serve  the  people  properly,  then 
the  latter  can  complain  justly.  The  people  should  elect 
their  Senators.  If  this  were  the  case,  each  State  would  be 
assured  of  having  two  Senators  at  Washington  at  all  times. 


74  CIVIL   GOVERNMENT. 

Qualifications  of  Senators. 

3.  No  person  shall  be  a  Senator  "who  shall  not  have  at- 
tained to  the  age  of  thirty  years,  and  been  nine  years  a  citi- 
zen of  the  United  States,  and  -who  shall  not,  -when,  elected, 
be  an  inhabitant  of  that  State  for  which  he  shall  be  chosen. 

Senators. — Qualifications. — It  was  intended  that  Sena- 
tors should  have  more  important  duties  to  perform  than 
Representatives ;  hefice,  to  secure  able  and  good  men,  the 
qualifications  of  this  office  were  increased.  To  make  them 
conscientious  in  the  performance  of  their  duties  the  term 
of  office  was  made  six  years.  A  Senator  must  be  at  least 
thirty  years  of  age  and  nine  years  a  citizen  of  the  United 
States.  Like  a  Representative,  he  must  live  in  the  State 
when  elected  to  the  Senate. 

From  this  it  is  seen  that  a  naturalized  citizen  may  become 
a  Senator.  It  would  take  him,  however,  five  years  to 
become  a  citizen  of  the  United  States,  and  this,  together 
with  the  nine  years'  residence,  would  make  a  period  of 
fourteen  years.  He  must,  of  course,  have  the  other  quali- 
fication of  age. 

Vice-President  to  be  President  of  the  Senate. 

4.  The  Vice-President  of  the  United  States  shall  be  Presi- 
dent of  the  Senate,  but  shall  have  no  vote,  unless  they  be 
equally  divided. 

Senate. — Vice-President. — The  only  public  duty  which 
the  Vice-President  performs  is  acting  as  President  of  the 
Senate.  He  succeeds  to  the  Presidency  of  the  United  States 
when  there  is  a  vacancy  in  that  office.  ' 

The  Vice-President  cannot  vote  on  all  questions.  Each 
State  has  two  votes  in  the  Senate ;  if  the  Vice-President 
had  a  vote  on  all  questions  it  would  really  be  giving  another 
vote  to  the  State  from  which  he  comes.     Suppose  the  Vice- 


THE   CONGRESS   OF   THE   UNITED   STATES.  75 

President  comes  from  New  Jersey.  This  State  has  two 
Senators,  and  if  the  Vice-President  could  vote  at  all  times 
New  Jersey  would  have  three  votes.  This  would  be  unfair 
to  the  other  States,  as  they  are  permitted  to  have  but 
two  votes.  There  is  but  one  exception  to  the  rule  that 
the  Vice-President  shall  have  no  vote.  Whenever  the 
Senators  are  equally  divided  in  opinion  on  any  subject, 
meaning  by  this  a  tie  vote,  the  Vice-President  is  allowed  to 
cast  the  deciding  vote.  The  object  of  this  is  to  facilitate 
business.  This  tie  voting  is  of  seldom  occurrence,  and 
consequently  it  does  not  give  one  State  any  material  advan- 
tage over  another.  The  Speaker  of  the  House  represents 
the  people  of  the  district  from  which  he  comes,  hence  he  is 
entitled  to  and  has  a  vote  on  all  questions.  The  Vice- 
President  represents  no  district,  hence  he  is  denied  the 
right  to  vote  except  in  case  of  tie,  which  right  is  bestowed 
upon  him  by  the  Constitution. 

Of  the  Officers  of  the  Senate. 
5.  The  Senate  shall  choose  their  other  oflacers,  and  also  a 
president  pro  tempore  in  the  absence  of  the  Vice-President, 
or  when  he  shall  exercise  the  oflQce  of  President  of  the 
United  States. 

Oflacers  of  the  Senate. — Sometimes  the  Vice-President 
cannot  attend  to  his  duties  as  President  of  the  Senate.  In 
this  case  a  president  from  among  the  Senators  is  chosen  to 
act  when  the  Vice-President  is  absent.  He  is  called  presi- 
dent pro  tempore^  which  means  that  he  is  president  for  the 
time.  He  is  permitted  to  vote  on  all  questions,  as  he  is  a 
a  Senator.  In  the  House,  when  the  Speaker  is  away,  a 
Speaker  ^ro  tempore,  selected  from  among  the  members,  acts 
as  presiding  officer. 

When  the  Vice-President  becomes  President  of  the  United 
States  he  no  longer  acts  as  an  officer  of  the  Senate.    When 


76 


CIVIL   GOVERNMENT. 


this  happens,  the  president  pro  tempore  acts  as  President  of 
the  Senate  until  the  close  of  that  Congress. 

In  case  the  Vice-President  dies  or  becomes  President,  his 
office  remains  vacant  until  the  next  Presidential  election. 
This  has  happened  many  times  in  our  history,  an  illustra- 
tion being  when  Vice-President  Hobart  died  during  McKin- 
ley's  administration. 

Like  the  House,  the  Senate  chooses  officers  who  are  not 
members,  but  simply  workmen. 


Body. 

Number 

of 
Members. 

Term. 

Elected  by 

Age. 

Citizen 

of 
United 

States. 

Presiding 
Officer. 

Impeach- 
ment. 

House. 
Senate. 

886 
90 

2  years. 
6  years. 

People. 

State  Legis- 
lature. 

25  years. 
30  years. 

7  years. 
9  years. 

Speaker. 

Vice-Presi- 
dent. 

Brings 
charge. 

Tries 
accused. 

Senate  to  try  Impeachments. 
6.  The  Senate  shall  have  the  sole  power  to  try  all  im- 
peachraents.  "When  sitting  for  that  purpose  they  shall  be 
on  oath  or  aflarmation.  When  the  President  of  the  United 
States  is  tried  the  Chief  Justice  shall  preside ;  and  no  person 
shall  be  convicted  -without  the  concurrence  of  two-thirds 
of  the  members  present. 

Impeachment,  as  previously  stated,  is  a  charge  against  a 
public  officer  for  improper  performance  of  duty  or  for  some 
crime  while  in  office.  Impeachment  cases  in  the  United 
States  government  must  take  this  course : 

1.  Impeachment,  or  the  charge,  must  be  made  by  the  House  of 
Representatives. 

2.  Trial  of  the  accused  person  by  the  Senate. 

When  any  member  of  the  House  of  Representatives  be- 
lieves any  government  official  guilty  of  some  misconduct, 
he  may  make  a  charge  in  the  House  against  such  person ; 


THE   CONGRESS   OF   THE   UNITED   STATES.  77 

this  charge  is  called  an  impeachment.  If  a  sufficient  num- 
ber of  members  think  there  is  a  good  reason  for  such  a 
course,  the  charge  in  the  form  of  a  bill  is  passed. 

The  Senate  is  chosen  to  try  cases  of  impeachment  be- 
cause it  is  a  much  smaller  body  and  composed  of  abler  men 
than  the  House,  hence  justice  is  more  apt  to  be  obtained. 
Before  trying  the  case,  each  Senator  must  take  a  special  oath 
or  affirmation  to  do  justice  to  the  accused  person. 

An  oath  is  a  solemn  declaration  to  tell  the  truth.  It  is 
made  with  one  hand  upon  the  Bible.  Some  people  object 
to  the  use  of  the  Bible  for  this  purpose.  They  are  allowed  to 
affirm  or  make  an  affirmation.  When  affirming,  one  simply 
promises  to  tell  the  whole  truth.  A  violation  of  an  oath  or 
affirmation  is  a  serious  crime,  and  is  called  perjury.  The 
object  of  the  oath-taking  is  to  make  the  trial  more  solemn 
and  to  secure  justice  for  the  accused  person. 

After  a  trial  by  the  Senate,  two-thirds  of  the  members 
present,  if  such  number  be  a  quorum,  are  necessary  to  con- 
vict an  accused  person.  If  the  members  present  be  eighty- 
four,  the  number  necessary  to  convict  would  be  two-thirds 
of  that  number,  or  fifty-six. 

The  Vice-President  presides  at  all  trials  of  impeachment 
with  but  one  exception.  When  the  President  of  the  United 
States  is  on  trial  for  impeachment  the  Vice-President  is  not 
permitted  to  preside.  Ambition  sometimes  leads  men  into 
temptation.  Anything,  even  to  wrong-doing,  will  be  done 
to  obtain  what  they  desire.  This  wrong  ambition  is  harm- 
ful in  two  ways :  it  degrades  the  person  performing  it, 
and  those  brought  in  connection  with  it  are  unjustly  hin- 
dered. It  is  a  man's  duty  to  surmount  the  temptations  of 
life,  but  when  he  is  too  weak  in  will  to  do  so  the  tempta- 
tions should  be  kept  far  from  him.  The  Constitution  wisely 
places  a  strange  presiding  officer  over  the  Senate  when  the 


78 


CIVIL   GOVERNMENT. 


President  is  tried.  The  regular  officer  is  superseded  by  the 
Chief  Justice  of  the  United  States  Supreme  Court.  As  the 
Vice-President  succeeds  the  President  in  case  of  removal,  it 
would  be  very  unwise,  when  the  latter  is  on  trial,  to  have 
the  former  preside.  The  reason  for  this  is  that  he  might 
exercise  his  power  as  presiding  officer  to  have  the  President 
convicted  in  order  that  he  himself  might  become  President. 
This  power,  if  used  at  all,  would  most  likely  be  upon  de- 
cisions where  there  might  be  a  doubt  as  to  the  truthfulness 
and  admission  of  certain  evidence.  The  Chief  Justice  is  not 
given  any  vote  upon  the  verdict. 

The  Vice-President  has  no  vote  in  impeachment  cases,  as 
it  would  be  of  no  benefit.  If  the  Senators  present  be  eighty- 
four  and  the  vote  be  forty-two  on  one  side  and  forty-two  on 
the  other,  the  Vice-President's  vote  would  make  but  forty- 
three  on  either  side.  The  number  required  to  convict  is 
two-thirds  of  the  members  present,  or  fifty-six.  The  addi- 
tional vote  would  make  no  deciding  change  in  the  result,  so 
that  it  might  as  well  be  left  uncast.  He  is  given  the  right  to 
vote  on  all  questions  in  which  a  tie  vote  has  resulted.  His 
vote  is  of  service  only  when  a  majority  vote  is  required  ;  it 
is  powerless  when  a  two-thirds  vote  is  necessary. 

Impeachment  Cases. — Impeachments  are  of  rare  occur- 
rence. Only  eight  cases  have  occurred  in  the  history  of 
the  United  States,  and  of  these  but  one  resulted  in  con- 
viction.    The  following  are  the  cases  : 


1. 

"William  Blount  . 

1799. 

Senator. 

Acquitted. 

2. 

John  Pickering  . 

1803. 

Judge. 

Acquitted. 

3. 

Samuel  Chase  .    . 

1804. 

Judge. 

Acquitted. 

4. 

James  H.  Peck    . 

.    1830. 

Judge. 

Acquitted. 

5. 

W.  H.  Humphries 

1862. 

Judge. 

Convicted. 

6. 

Andrew  Johnson 

.    1868. 

President. 

Acquitted. 

7. 

W.  V^.  Belknap 

1876. 

Secretary  of  War. 

Acquitted. 

8. 

Charles  Swayne  . 

1905. 

Judge. 

Acquitted. 

I 


THE   CONGRESS   OF   THE   UNITED   STATES.  79 

Impeachment  of  Johnson. — This  was  the  most  important 
case  in  our  history.  In  1867  Congress  passed  a  bill  which 
became  a  law  forbidding  the  President  to  remove  any  one 
from  office  without  the  consent  of  the  Senate.  This  law 
was  called  the  "  Tenure  of  Office  Act,"  and  was  repealed 
in  1887.  The  President  of  the  United  States  is  the  first 
citizen  of  the  land.  It  is  his  duty  to  execute  the  law,  and 
of  all  persons  he  himself  should  be  the  first  to  see  that  he 
sets  an  example  to  his  fellow-citizens  by  obeying  all  the 
laws.  President  Johnson,  despite  the  Tenure  of  Office  Act, 
removed  the  Secretary  of  War,  E.  M.  Stanton,  and  appointed 
another  man.  General  Grant,  to  fill  the  vacancy.  This  he 
did  without  the  consent  of  the  Senate. 

This  action  of  the  President  was  such  a  plain  and  open 
violation  of  the  law  that  the  House  brought  charges  against 
him.  He  was  tried  by  the  Senate,  Chief  Justice  Chase  pre- 
siding. A  two-thirds  vote  was  necessary  for  conviction.  Fifty- 
four  votes  were  cast,  thirty-five  for  conviction  and  nineteen 
for  acquittal.  There  was  one  vote  less  than  the  required  num- 
ber to  convict,  and  the  President  was  therefore  acquitted. 

Judgment  in  Cases  of  Impeachment. 
7.  Judgment  in  cases  of  impeachment  shall  not  esitend 
further  than  to  removal  from  office,  and  disqualification  to 
hold  and  enjoy  any  oflice  of  honor,  trust,  or  profit  under 
the  United  States ;  but  the  party  convicted  shall  neverthe- 
less be  liable  and  subject  to  indictment,  trial,  judgment, 
and  punishment,  according  to  law. 

Judgment  in  Impeachment. — A  trial  of  impeachment 
can  have  but  two  results : 

1.  The  person  is  found  not  guilty  and  is  acquitted. 

2.  The  person  is  found  guilty  and  is  punished. 

If  the  person  is  acquitted  there  is  no  punishment  im- 
posed.    He  still  holds  his  office  and  everything  proceeds  as 


80  CIVIL   GOVERNMENT. 

before.  If  the  person  is  found  guilty  he  is  punished.  This 
punishment  is  called  judgment.  Judgment  is  the  punish- 
ment inflicted  upon  a  person  found  guilty  by  impeach- 
ment. The  only  punishment  which  the  Senate  can  impose 
is  the  removal  of  the  convicted  person  from  office.  As  a 
consequence  of  this  punishment  he  is  never  permitted  to 
hold  another  office  under  the  United  States  government. 

An  office  of  honor  is  one  in  which  a  person  performs 
some  duty  for  the  government  without  receiving  any  pay 
for  his  services. 

An  office  of  profit  is  one  in  which  a  person  receives 
compensation  for  the  performance  of  work,  such  as  Sena- 
tor, Representative,  or  judge.  Generally  a  position  of  profit 
is  also  one  of  honor. 

Although  the  Senate  can  only  remove  a  person  from 
office  in  cases  of  impeachment,  that  person  may  be  further 
punished  under  the  laws  of  the  country.  Suppose  Mr. 
Black  is  Secretary  of  the  Treasury.  While  in  office  he 
defrauds  the  government  of  a  large  sum  of  money.  This 
is  discovered,  and  by  impeachment  he  is  removed  from 
office.  Any  citizen  can  now  have  Mr.  Black  arrested  for 
embezzlement  of  public  funds.  He  is  then  tried  in  a  court 
before  a  judge  and  jury,  and  if  found  guilty  he  may  be 
sentenced  to  a  term  of  years  in  prison. 

Control  of  Congressional  Elections. 
Sec.  IV.  1.  The  times,  places,  and  manner  of  holding  elec- 
tions for  Senators  and  Representatives  shall  be  prescribed 
in  each  State  by  the  Legislature  thereof;  but  the  Congress 
may  at  any  time  by  law  make  or  alter  such  regulations, 
except  as  to  the  places  of  choosing  Senators. 

Election  of  Senators  and  Representatives. — This  clause 
refers  to  the  method  by  which  members  of  Congress  are 


THE   CONGRESS   OF   THE   UNITED    STATES.  81 

to  be  elected.  The  Legislature  is  the  law-making  body- 
in  each  State.  The  Legislature  of  each  State  has  the  power 
to  prescribe  the  manner  and  time  of  the  election  of  mem- 
bers of  Congress  from  that  State.  Congress,  however,  may- 
change  any  law  which  the  State  Legislature  may  make  on 
this  subject.  This  power  is  generally  left  to  the  States,  be- 
cause each  State  can  best  judge  of  its  own  conveniences. 
January  might  be  a  good  time  for  the  meeting  of  the  State 
Legislature  in  some  States  and  a  very  bad  time  in  others. 
The  climate  of  Wisconsin  at  that  time  of  the  year  is  very 
severe.  It  oftentimes  would  be  impossible  for  the  people 
to  leave  their  homes  to  vote.  Most  States,  however,  elect 
their  Representatives  in  November  and  their  Senators  as 
soon  as  the  terms  expire. 

Congress  has  some  power  over  the  time  and  manner  of 
election  of  Senators  and  Representatives,  because  a  State 
Legislature  might  neglect  to  look  after  this  matter,  or  it 
might  make  some  arrangement  which  would  interfere  with 
the  work  of  the  government  at  Washington. 

The  meeting  of  the  State  Legislature  is  generally  held  at 
the  State  capital,  and  if  Congress  should  try  to  change  this 
meeting-place  great  inconvenience  to  members  might  result. 

Time  for  Assembling'  of  Congress. 

2.  The  Congress  shall  assemble  at  least  once  in  every 
year,  and  such  meeting  shall  be  on  the  first  Monday  of 
December,  unless  they  shall  by  law  appoint  a  different  day. 

Meetings  of  Congress. — On  the  first  Monday  in  December 
of  each  year  Congress  meets.  This  date  may  be  changed 
by  Congress,  but  since  1789  it  has  remained  the  same. 

Each  Congress  consists  of  two  regular  sessions, — the  first 
or  long  session,  and  the  second  or  short  session.  When- 
ever some  serious  question  arises  when  Congress  is  not  in 


82  CIVIL  GOVERNMENT. 

session,  the  President  of  the  United  States  has  the  power  to 
convene  the  members  of  Congress.  This  session  is  called 
an  extraordinary  or  special  session.  When  a  Congress  has  a 
special  session  it  makes  the  number  of  sessions  three, — ^viz., 
the  long  session,  the  short  session,  and  the  special  session. 

The  First  Congress  was  from  1789  to  1791.  The  Fifty- 
seventh  Congress  began  on  the  first  Monday  in  December, 
1901.  The  second  or  last  session  of  this  Congress  began 
in  December,  1902,  and  continued  until  the  4th  of  March, 
1903.  The  Fifty-eighth  Congress  will  begin  December,  1 903, 
Unless  it  is  called  together  in  extraordinary  session  before 
that  time.     The  Fifty-ninth  Congress  will  begin  in  1905. 

Powers  of  Each  House. 

Sec.  V.  1.  Each  House  shall  be  the  judge  of  the  elections, 
returns,  and  qualifications  of  its  own  members,  and  a  ma- 
jority of  each  shall  constitute  a  quorum  to  do  business; 
but  a  smaller  number  may  adjourn  from  day  to  day,  and 
may  be  authorized  to  compel  the  attendance  of  absent 
members  in  such  manner  and  under  such  penalties  as  each 
House  may  provide. 

Bach  House  the  Judge  of  the  Qualifications  of  its 
Members. — Whenever  there  is  a  dispute  as  to  whether  a 
Senator  or  Representative  has  the  proper  qualifications  to 
entitle  him  to  office,  the  disagreement  is  settled  in  the 
house  of  which  the  man  is  to  be  a  member.  Such  dis- 
putes concerning  a  Senator  are  settled  or  decided  by  the 
Senate ;  those  concerning  a  Representative,  by  the  House. 
For  instance,  Mr.  Cressman  is  elected  Senator  in  Pennsyl- 
vania. Some  person  disputes  the  fact  that  he  secured  a 
sufficient  number  of  votes  to  entitle  him  to  office.  A  pro- 
test against  Mr.  Cressman's  election  could  only  be  made  to 
the  Senate.  That  body  would  by  a  vote  decide  whether  or 
not  he  is  entitled  to  a  seat. 


THE   CONGRESS   OF   THE    UNITED   STATES.  83 

A  quorum  is  that  number  of  Senators  in  the  Senate,  or 
the  number  of  Representatives  in  the  House,  necessary  to 
do  business.  A  majority  of  all  the  members  of  each  body 
is  necessary  to  transact  business.  A  majority  is  more  than 
half  of  the  whole  numbpr. 

2  )  90  Senators 

45  -j-  1,  or  46  Senators,  would  be  a  quorum  in  the  Senate. 
2  ^  386  Bepresentatives 

193  _|_  ij  or  194  Kepresentatives,  would  be  a  quorum  in  the  House. 

If  less  than  a  quorum  appear,  no  business  can  be  trans- 
acted. The  members  present,  however,  may  impose  fines 
for  non-attendance.  It  is  very  important  to  fix  by  law  the 
necessary  number  of  members  to  constitute  a  quorum,  or 
laws  might  be  made  for  the  whole  country  when  but  few 
members  of  Congress  were  present.  It  is  also  important 
that  fines  and  punishments  be  imposed  upon  those  members 
who  frequently  stay  away  from  Congress,  as  a  large  num- 
ber of  members  might  absent  themselves  purposely,  thus 
preventing  a  quorum  from  being  present.  By  doing  this 
they  could  hinder  the  business  of  the  country.  If  upon 
the  call  of  the  roll  there  appear  to  be  no  quorum  present, 
the  presiding  officer  instructs  the  sergeant-at-arms  to  arrest 
and  bring  before  the  bar  of  the  house  all  absent  members. 

Bach  House  to  determine  its  Own  Bules. 

2.  Each  House  may  determine  the  rules  of  its  proceed- 
ings, punish  its  members  for  disorderly  behavior,  and,  with 
the  concurrence  of  two-thirds,  expel  a  member. 

Rules  of  Each  House. — Each  house  determines  its  own 
rules  as  to  the  manner  of  conducting  business,  the  mainte- 
nance of  order,  and  the  punishment  of  members  for  mis- 


84  CIVIL   GOVERNMENT. 

behavior.  Any  member  may  be  expelled  by  the  house  to 
which  he  belongs  if  two-thirds  of  that  house  concur  or 
agree  to  his  expulsion. 

Journals  and  Yeas  and  Nays. 

3.  Each  House  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting  such 
parts  as  may  in  their  judgment  require  secrecy;  and  the 
yeas  and  nays  of  the  members  of  either  House  on  any 
question  shall,  at  the  desire  of  one-fifth  of  those  present, 
be  entered  on  the  journal. 

The  journal  is  a  book  containing  accounts  of  the  pro- 
ceedings of  each  body.  Both  the  Senate  and  the  House 
must  keep  such  a  journal.  The  book  is  kept  by  the  clerk, 
and  the  contents  are  published  for  the  purpose  of  keeping 
citizens  informed  of  the  business  of  the  government.  These 
records  serve  for  future  reference.  Some  important  parts 
may  be  omitted  from  the  newspaper  accounts.  Sometimes, 
when  a  treaty  is  before  the  Senate,  its  contents  are  kept 
secret  until  it  can  be  fully  discussed  and  ratified.  Again,  in 
time  of  war,  if  any  action  should  be  taken  by  Congress  in 
regard  to  movements  of  the  army,  it  is  important  that  this 
information  be  withheld  from  the  public,  as  it  would  be  val- 
uable to  the  enemy. 

Methods  of  Voting. — A  vote  may  be  taken  in  various 
ways : 

1.  By  yeas  and  nays.  3.    Viva  voce. 

2.  By  ballot.  4.  By  sides  or  tellers. 

Yea  and  Nay. — The  name  of  every  member  is  called 
separately.  If  he  favor  the  measure,  he  says  ''Yea"  or 
"Yes,"  and  if  he  oppose  it,  he  says  "Nay"  or  "No." 
After  all  names  are  called  the  entire  list  is  reread  by  the 


THE   CONGRESS   OF  THE  UNITED   STATES.  85 

clerk,  and  mistakes  in  the  recording  of  votes,  if  any,  are 
corrected.  The  question  is  decided  from  the  number  of 
votes  on  each  side. 

The  benefits  of  this  method  of  voting  are  apparent. 
The  manner  in  which  each  member  voted  is  entered  on  the 
journal,  showing  to  all  how  each  man  voted  upon  a  cer- 
tain question.  The  journal  also  gives  the  names  of  the 
members  recorded  as  absent.  Some  men  are  absent  pur- 
posely, so  that  they  need  not  vote  on  certain  questions. 
The  public  can  secure  all  the  names  and  the  manner  in 
which  each  member  voted.  This  affords  the  people  an 
opportunity  to  see  how  their  Representatives  are  attending 
to  their  duties. 

The  main  objection  to  this  method  of  voting  is  that  it 
requires  too  much  time.  In  the  House,  think  how  long  it 
would  take  to  read  and  reread  three  hundred  and  eighty- 
six  names ! 

By  Ballot. — A  ballot  is  a  small  piece  of  paper  containing 
the  vote  of  a  member.  The  ballots  are  collected,  opened, 
and  counted.  After  the  count  the  result  is  made  known. 
Voting  by  yeas  and  nays  and  by  ballot  are  both  accurate 
ways  of  voting.  The  latter  method  is  particularly  good  in 
cases  where  secrecy  is  required.  By  using  the  ballot  no 
one  knows  how  another  has  voted. 

Viva  Voce. — This  means  deciding  by  the  voice.  This 
method  is  used  only  in  unimportant  questions,  as  it  is  not 
entirely  accurate.  The  presiding  officer  calls  out,  "  All  those 
in  favor  say  '  Aye.'  "  All  those  in  favor  respond  "  Aye." 
"  The  officer  then  says,  "  All  those  opposed  say  '  No.' "  All 
those  on  this  side  say  "  No."  The  presiding  officer  then 
decides  from  the  sound  the  opinion  of  the  body.     The  side 


86  CIVIL   GOVERNMENT. 

which  seemed  to  make  the  more  noise  is  given  the  decision. 
The  great  benefit  of  this  method  is  that  in  a  few  minutes 
the  opinion  of  any  large  body  may  be  ascertained.  It  is 
very  inaccurate,  however,  especially  when  the  members  are 
evenly  divided  on  a  question.  When  those  on  one. side 
greatly  outnumber  those  on  the  other,  it  is  just  as  accurate 
as  any  of  the  other  ways  of  voting. 

By  Sides  or  Tellers. — All  the  members  favoring  a 
measure  form  in  a  line  on  one  side  of  the  room,  and  all 
those  who  are  opposed  to  it  stand  on  the  other  side.  The 
presiding  officer  appoints  a  teller  for  each  side.  Each  teller 
counts  the  number  of  men  as  the  line  passes  by  him. 
This  method  takes  as  long  as  the  yea  and  nay  and  ballot 
methods ;  it  also  tends  to  create  much  disorder  in  the  rising 
and  moving  about  of  the  members. 

Adjournment. 

4.  Neither  House,  during  the  session  of  Congress,  shall, 
■without  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which  the 
two  Houses  shall  be  sitting. 

Adjournment  of  Congress. — To  adjourn  means  to  sus- 
pend business  for  a  time.  It  is  not  necessary  for  Congress 
to  be  in  session  every  day  of  the  year,  so  frequent  vacations 
are  taken,  which  are  called  adjournments.  As  both  houses 
are  necessary  to  do  any  important  business,  neither  can 
adjourn  for  more  than  three  days  without  the  consent  of 
the  other.  One  house  might  be  opposed  to  a  bill  which 
the  other  house  favored,  and  to  defeat  this  bill  the  former 
might  easily  adjourn  for  several  weeks  or  months,  but  this 
clause  of  the  Constitution  prevents  such  action. 

To  save  time  and  trouble,  both  houses  must  meet  in  the 
same  city.     Suppose  the  Senate  met  in  Washington  and  the 


THE   CONGRESS   OF   THE   UNITED   STATES.  87 

House  in  Boston,  all  bills  passed  by  one  house  would  have 
to  be  carried  or  mailed  to  the  other.  This  would  cause 
much  inconvenience  and  delay.  All  the  government  offices 
are  located  in  the  Capitol,  and  all  members  can  easily  obtain 
all  the  information  they  desire  on  different  subjects  per- 
taining to  the  government. 

Compensation,  Privilegres,  and  Incapacities  of  Members. 

Sec.  VI.  1.  The  Senators  and  Representatives  shall  re- 
ceive a  compensation  for  their  services,  to  be  ascertained 
by  law,  and  paid  out  of  the  Treasury  of  the  United  States. 
They  shall  in  all  cases,  except  treason,  felony,  and  breach 
of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance at  the  session  of  their  respective  Houses,  and  in  going 
to  and  returning  from  the  same ;  and  for  any  speech  or  de- 
bate in  either  House  they  shall  not  be  questioned  in  any 
other  place. 

Compensation  of  Congressmen. — Under  the  Articles  of 
Confederation  the  members  of  the  Continental  Congress 
received  their  pay  from  their  respective  States.  Each  State 
having  power  to  fix  the  compensation,  it  frequently  hap- 
pened that  different  salaries  were  paid  for  the  same  work. 
Under  the  Constitution,  although  the  Congressmen  represent 
the  people  and  the  States,  they  are  to  be  paid  their  sala- 
ries by  the  United  States  from  the  pubhc  Treasury.  This 
makes  uniformity,  and  hence  all  members  of  Congress 
should  give  proper  care  to  their  business  in  order  to 
promote  the  interests  of  their  States. 

Congressmen  were  once  paid  about  six  dollars  per  day. 
In  1874,  however,  a  yearly  allowance  of  five  thousand  dol- 
lars was  made  for  each  Senator  and  Representative.  The 
Vice-President,  Speaker,  and  president  pro  tempore^  when 
there  is  no  Vice-President,  in  consideration  of  their  increased 
duties,  receive  eight  thousand  dollars. 


88  CIVIL   GOVERNMENT. 

In  addition  to  his  salary,  each  member  of  Congress  is 
allowed  the  cost  of  travelling  to  and  from  his  home.  This 
charge  is  twenty  cents  a  mile,  and  is  called  mileage. 

Freedom  from  Arrest. — To  secure  perfect  freedom  in 
speaking,  and  to  make  every  member  fearless  in  the  per- 
formance of  his  duty,  no  member  can  be  arrested  while 
attending  to  his  duties  in  Congress.  There  are  some  ex- 
ceptions to  this,  however.  A  member  who  has  committed 
any  serious  crime,  such  as  treason  or  felony,  may  be  arrested 
and  punished.  The  reason  for  this  part  of  the  clause  is 
apparent.  Mr.  Brown,  a  Representative,  may  know  of  some 
wrong-doing  in  the  House.  It  is  his  purpose  to  bring  the 
guilty  persons  to  justice.  The  offenders  might  know  of 
Mr.  Brown's  purpose,  and  to  protect  themselves  might  have 
him  arrested  on  some  very  trifling  charge.  Brown,  being 
arrested,  could  not  make  his  accusations.  The  people 
whom  he  represents  are  deprived  of  their  rights  of  repre- 
sentation in  the  making  of  laws,  and  justice  is  not  meted 
out  to  the  offenders. 


Exclusion  from  Office. 

2.  No  Senator  or  Representative  shall,  during  the  time  for 
which  he  was  elected,  be  appointed  to  any  civil  office  under 
the  authority  of  the  United  States,  which  shall  have  been 
created,  or  the  emoluments  whereof  shall  have  been  in- 
creased, during  such  time ;  and  no  person  holding  any  office 
under  the  United  States  shall  be  a  member  of  either  House 
during  his  continuance  in  office. 


Disabilities  of  Congressmen. — There  are  two  classes 
of  officers  under  our  government, — civil  and  military. 

A  civil  officer  is  one  who  helps  to  carry  on  the  work  of 
the  government.     A  military  officer  is  one  in  the  army  or 


THE   CONGRESS   OF  THE   UNITED   STATES.  89 

navy.  Officers  of  the  military  class  do  not  conduct  any 
business  in  the  government. 

Emoluments  simply  means  compensation. 

A  member  of  Congress  might  have  a  bill  passed  creating 
a  new  office  with  a  large  salary  attached,  with  the  under- 
standing that  he  would  be  appointed  to  that  office.  This 
is  so  unjust  that  the  Constitution  forbids  it. 

This  being  a  government  of  the  people,  it  is  entirely  right 
that  a  person  who  holds  one  public  office  should  not  be 
a  member  of  Congress.  The  clause  forbids  a  member  of 
Congress  from  holding  two  offices  of  profit. 

Revenue  Bills  to  originate  in  the  House. 
Sec.  Vn.    1.  All  bills  for  raising  revenue  shall  originate 
in  the  House  of  Representatives ;  but  the  Senate  may  pro- 
pose or  concur  with  amendments  as  on  other  bills. 

Bills  of  Revenue. — A  bill  is  a  proposed  law.  A  law  is  a 
bill  which  has  received  the  consent  of  Congress  and  the 
President.  A  law  governs  the  land,  and  must  be  obeyed ;  a 
bill  applies  to  no  one. 

A  large  sum  of  money  is  needed  every  day  to  carry  on 
the  government,  to  pay  the  President,  Congressmen,  am- 
bassadors, consuls,  etc.  This  money  is  secured  by  laying 
and  collecting  taxes  or  revenue.  Revenue  is  the  money 
which  the  government  collects  from  the  people  for  paying 
the  debt  incurred  in  conducting  it. 

One  of  the  principal  causes  of  the  Revolutionary  War 
was  the  taxing  of  the  people  without  their  consent.  People, 
when  they  have  a  voice  in  the  government,  are  generally 
interested  in  taxation,  hence  the  makers  of  the  Consti- 
tution, having  the  Revolution  in  mind,  said  that  all  bills 
for  raising  revenue  should  be  originated  in  the  House  of 
Representatives,  as  that  body  directly  represented  the  peo- 


90  CIVIL    GOVERNMENT. 

pie.  Again,  they  said  that  if  the  people  were  dissatisfied 
with  a  certain  revenue  bill,  they  would  be  compelled  to 
wait  but  two  years,  when  they  could  elect  a  new  set  of  men 
to  frame  a  bill  that  would  be  acceptable.  If  this  power 
were  delegated  to  the  Senate  that  body  might  lay  a  heavy 
tax  which  could  hardly  be  changed  for  six  years. 

A  bill  which  provides  for  the  raising  of  funds  by  taxation 
is  known  as  a  revenue  bill.  Revenue  bills  must  begin  or 
originate  in  the  House  of  Representatives.  The  Senate, 
however,  may  propose  changes  or  amendments. 

Manner  of  passing"  BUls,  etc. 

2.  Every  bill  which  shall  have  passed  the  House  of  Rep- 
resentatives and  the  Senate  shall,  before  it  becoraes  a  law, 
be  presented  to  the  President  of  the  United  States ;  if  he 
approve  he  shall  sign  it,  but  if  not  he  shall  return  it,  with 
his  objections,  to  that  House  in  which  it  shall  have  origi- 
nated, who  shall  enter  the  objections  at  large  on  their 
journal,  and  proceed  to  reconsider  it.  If,  after  such  recon- 
sideration, two-thirds  of  that  House  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  together  with  the  objections,  to  the 
other  House,  by  which  it  shall  likewise  be  reconsidered, 
and  if  approved  by  two-thirds  of  that  House  it  shall  be- 
come a  law.  But  in  all  such  cases  the  votes  of  both  Houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of 
the  persons  voting  for  and  against  the  bill  shall  be  entered 
on  the  journal  of  each  House  respectively.  If  any  bill 
shall  not  be  returned  by  the  President  within  ten  days 
(Sundays  excepted)  after  it  shall  have  been  presented  to 
him,  the  same  shall  be  a  law,  in  like  manner  as  if  he  had 
signed  it,  unless  the  Congress  by  their  adjournment  prevent 
its  return,  in  which  case  it  shall  not  be  a  law. 

Modes  of  passing  Bills. — First  Method. — Any  bill,  ex- 
cepting one  of  revenue,  may  be  introduced  in  either  the 
Senate  or  the  House  of  Representatives.  If  it  is  passed 
by  a  majority  in  each  house  and  signed  by  the  President 
it  becomes  a  law  of  the  country. 


THE   CONGRESS   OF   THE   UNITED   STATES.  91 

Second  Method. — If  the  President  does  not  approve  the 
bill  he  refuses  to  sign  it,  but  writes  his  reasons  for  not  con- 
senting to  its  passage.  He  then  sends  it  back  to  the  house 
from  which  it  originated.  The  President's  reasons  for  not 
signing  the  bill  are  recorded  in  the  journal.  The  body  to 
which  the  bill  is  returned  again  considers  it.  If  two-thirds 
of  the  members  present,  provided  there  be  a  quorum, 
agree  to  pass  the  bill  a  second  time,  it  is  sent  to  the  other 
house.  If  that  body  also  agree  to  pass  it,  a  two-thirds  vote 
being  necessary  to  do  so,  it  then  becomes  a  law  without  the 
signature  of  the  President. 

Veto. — When  the  President  does  not  sign  a  bill,  he  is  said 
to  veto  it.  Veto  means  "  I  forbid."  Passing  a  bill  the 
second  time  requires  a  larger  number  of  votes,  and  is  called 
passing  a  bill  over  the  President's  veto. 

From  1865  to  1869  President  Johnson  vetoed  many  of 
the  bills  parsed  by  Congress,  but  nearly  all  of  them  received 
the  necessary  two-thirds  vote  and  became  laws.  When  a 
bill  becomes  a  law  in  this  manner,  although  the  President 
does  not  approve  it,  he  is  compelled  to  enforce  and  obey  it. 

With  the  President's  signature  a  bill  requires  only  a 
majority  of  votes  in  each  House  to  become  a  law ;  without 
the  President's  approval  it  requires  a  two-thirds  vote. 

More  votes  are  necessary  to  pass  a  bill  over  the  Presi- 
dent's veto  because  it  would  be  useless  for  him  to  have 
the  veto  power  if  it  were  not  valuable.  It  is  also  necessary 
to  show  that  his  objections  are  not  sufficient  to  prevent  a 
bill  from  becoming  a  law. 

Third  Method. — After  a  bill  is  passed  by  both  Houses  it 
is  forwarded  to  the  President  for  his  consideration.  He 
does  not  sign  it  nor  does  he  return  it  with  his  veto.    In 


92 


CIVIL   GOVERNMENT. 


accordance  with  the  Constitution,  he  must  either  sign  or 
veto  it  within  ten  days  after  he  has  received  it,  or  it  becomes 
a  law  just  as  if  he  had  signed  it.  The  President  is  not  sup- 
posed to  work  on  Sundays,  so  that  Sundays  are  not  included 
in  the  ten  days.  The  clause  means  ten  week  or  working 
days. 

At  the  end  of  a  session  Congress  adjourns,  and  frequently 
leaves  many  bills  in  the  hands  of  the  President  for  his  ap- 
proval or  disapproval.  Those  which  he  signs  become  laws. 
Congress  not  being  in  session,  he  cannot  return  the  other 
bills ;  so  that,  in  case  of  adjournment,  bills  kept  over  ten 
days  do  not  become  laws  because  they  cannot  be  returned. 
This  method  of  holding  bills  by  the  President  so  that  the 
time  for  adjournment  happens  between  the  time  he  receives 
the  bill  and  the  expiration  of  the  ten  days  has  been  termed 
the  "  Pocket  Veto  Method."  It  was  used  to  a  great  extent 
by  President  Jackson. 

After  a  bill  becomes  a  law  it  is  sent  to  the  Secretary  of 
State,  who  preserves  it. 


Law-Making 
Methods  .   . 


{I 


Passed  by  a  majority  of  both  houses. 
2.  Signed  by  the  President. 


II. 


III. 


'  1.  Passed  by  a  majority  of  both  houses. 

2.  Vetoed  by  the  President. 

3.  Eepassed  over  President's  veto  by  two-thirds 

of  both  houses. 

1.  Passed  by  a  majority  of  both  houses. 

2.  Not  signed  or  returned  by  the  President  in 

ten  days,  except  when  Congress  adjourns 
before  the  ten  days  expire. 


Constitutional  Laws. — When  a  nation  begins  a  new 
government  the  manner  in  which  it  is  to  be  conducted  is 
set  forth  in  a  body  of  laws.    These  laws  are  all  made  at  one 


Constitutional  Laws. 


THE   CONGRESS   OF  THE   UNITED   STATES.  93 

time  and  all  go  into  effect  at  the  same  time.  They  form 
what  is  known  as  the  Constitution  of  a  nation,  and  must  be 
obeyed  as  well  as  any  other  law.  Any  part  of  the  Consti- 
tution is  really  a  law,  and  to  distinguish  it  from  others  it  is 
called  the  Constitutional  Law. 

Our  Constitutional  Laws  were  made  in  1787  and  became 
effective  in  1789.  Since  that  time  but  fifteen  changes  have 
been  made. 

1.  Consist  of  many  laws  adopted  in  a  body  as 
a  whole. 

2.  All  go  into  effect  simultaneously. 

3.  They  are  few  in  number  in  comparison 
with  Statute  Laws. 

4.  They  are  seldom  changed. 

Statute  Laws. — Congress  is  given  power  by  the  Consti- 
tution to  make  laws  on  various  subjects.  These  laws  are 
known  as  Statute  Laws.  As  each  Congress  makes  many 
during  its  sessions  it  will  be  apparent  that  the  entire  num- 
ber of  Statute  Laws  is  very  large. 

A  Statute  Law  made  to  meet  a  certain  condition  in  one 
year  may  not  meet  another  somewhat  similar  condition  in 
ten  or  twenty  years  to  come.  Therefore  the  old  Statute 
Law  should  be  so  changed  as  to  meet  the  contingency.  In 
1820  a  Statute  Law  called  the  Missouri  Compromise  was 
enacted.  This  provided  for  the  admission  of  Missouri  into 
the  Union  as  a  slave  State,  and  also  for  the  prohibition,  in 
future  times,  of  slavery  in  all  States  which  were  to  be  made 
from  the  territory  west  of  the  Mississippi  River  and  north 
of  the  southern  boundary  of  Missouri.  This  was  a  law  of 
the  land.  It  applied  to  every  one  when  it  was  made  ;  but, 
being  a  Statute  Law,  it  could  be  changed  at  any  time. 

In  1854  two  Territories,  Kansas  and  Nebraska,  asked  to 
be  admitted  into  the  Union.     As  both  of  these  are  situated 


94  CIVIL   GOVERNMENT. 

north  of  the  southern  boundary  of  Missouri  and  west  of 
the  Mississippi  River  there  should  have  been  no  question 
as  to  whether  they  should  come  into  the  Union  as  slave 
or  free  States.  But  the  Statute  Law  of  1820  seemed  no 
longer  to  apply,  so  a  new  one  was  made,  which  gave 
the  people  of  the  two  Territories  concerned  the  right  to 
decide  for  themselves  this  vexed  question. 

Although  the  Constitution  enumerates  the  various  sub- 
jects upon  which  laws  may  be  made  by  Congress,  it  some- 
times happens  that  one  passes  through  the  law-making 
stages  upon  a  subject  which  is  not  altogether  within  the 
province  of  Congress.  In  such  a  case  the  doubt  must  be 
settled  by  the  Supreme  Court  of  the  United  States,  whose 
duty  it  is  to  explain  the  Constitution  and  laws.  If  the  court 
decides  that  the  law  carries  out  a  power  of  the  Constitu- 
tion it  is  said  to  be  Constitutional ;  if  a  negative  decision  is 
given  the  law  is  said  to  be  Unconstitutional. 


Statute  La-svs. 


1.  They  are  many  in  number. 

2.  They  have  been  made  from  1789  to  the  present 

time. 

3.  If  not  in  accordance  with  the  Constitution  of  the 

United  States  they  are  invalid. 


Concurrent  Orders,  Resolutions,  etc.,  to  be  passed  on  by  the 
President. 

3.  Every  order,  resolution,  or  vote,  to  -which  the  concur- 
rence of  the  Senate  and  House  of  Representatives  may  be 
necessary  (except  on  a  question  of  adjournment),  shall  be 
presented  to  the  President  of  the  United  States ;  and  before 
the  same  shall  take  effect,  shall  be  approved  by  him,  or, 
being  disapproved  by  him,  shall  be  repassed  by  two-thirds 
of  the  Senate  and  House  of  Representatives,  according  to 
the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

Orders,  Resolutions,  and  Votes. — This  clause  prevents 
Congress  from  passing  an  important  bill  under  some  other 


THE   CONGRESS   OF   THE   UNITED   STATES.  95 

name  so  that  it  need  not  go  to  the  President  for  his  ap- 
proval. A  Senator  wishes  to  have  some  important  bill 
passed,  but  he  knows  that  the  President  is  opposed  to  it, 
and  if  sent  to  him  he  v^ould  veto  it  and  thereby  defeat  it. 
So,  instead  of  calling  it  a  bill,  he  names  it  a  resolution. 
This  resolution,  if  it  were  not  for  this  clause,  could  become 
a  law.  The  object  of  this  clause  is  also  to  extend  the  veto 
power  of  the  President  to  other  matters  and  to  prevent 
Congress  from  trying  to  make  laws  without  the  consent  of 
the  President.  The  veto  power  of  the  President  is  of  great 
importance  if  properly  used.  Its  purpose  is  to  sift  the  good 
bills  from  the  bad  ones,  thus  causing  good  and  efficient  laws 
to  be  made  for  the  country. 

From  this  clause  we  see  that  no  order,  resolution,  or  vote 
to  which  the  concurrence  of  both  houses  is  necessary  can 
be  passed  without  taking  the  same  course  as  a  bill.  There 
is  only  one  exception  to  this,  and  that  is  upon  the  question 
of  adjpurnment.  Both  houses  may  decide  this  by  a 
resolution  to  which  the  signature  of  the  President  is  not 
necessary. 

SUMMARY. 

1.  The  first  clause  of  the  Constitution  is  known  as  the  preamble. 
It  mentions  the  reasons  for  the  adoption  of  the  Constitution. 

2.  There  are  two  houses  in  the  law-making  department  of  the 
government.  The  Senate  is  smaller  in  membership  than  the  House 
of  Representatives.  The  former  represents  the  States,  while  the 
latter  represents  the  people. 

3.  A  Senator  must  be  thirty  years  of  age,  nine  years  a  citizen  of 
the  United  States,  and,  when  elected,  must  live  in  the  State  which 
he  represents.  A  Representative  must  be  twenty-five  years  of  age, 
seven  years  a  citizen  of  the  United  States,  and  must  live,  when 
elected,  in  the  State  electing  him. 

4.  Vacancies  in  the  Senate  are  filled  by  the  Legislature  of  a  State 
when  it  is  in  session  and  by  the  Governor  when  it  has  adjourned.    A 


96  CIVIL   GOVERNMENT. 

vacancy  in  the  House  is  filled  by  a  special  election  called  by  the  Gov- 
ernor of  the  State  in  which  the  vacancy  occurs. 

5.  Each  house  has  a  presiding  officer.  He  is  the  Vice-President 
or  president  pro  tempore  in  the  Senate.  In  the  House  he  is  the 
Speaker. 

6.  In  impeachment  cases  the  House  brings  the  charge  and  the 
Senate  tries  the  person.  The  punishment  of  an  impeached  person, 
if  found  guilty,  is  removal  from  office  and  disqualification  to  hold 
any  office  under  the  United  States  government.  There  may  also  be 
a  punishment  imposed  by  a  court  of  law. 

7.  Congress  holds  at  least  one  session  every  year.  This  session 
always  begins  on  the  first  Monday  in  December. 

8.  A  majority  of  the  membership  of  each  house  constitutes  a 
quorum.  When  this  number  is  not  present  no  business  can  be 
transacted. 

9.  The  proceedings  of  each  body  are  kept  in  a  book  provided  for . 
the  purpose.     This  book  is  known  as  the  journal. 

10.  To  adjourn,  both  houses  must  agree  to  the  time. 

11.  All  bills  for  raising  revenue  must  begin  in  the  House  of  Rep- 
resentatives, because  this  body  is  the  one  which  directly  represents 
the  people.     Bills  of  other  kinds  may  originate  in  either  house. 

12.  That  a  bill  may  become  a  law  it  is  necessary  :  {a)  That  it  re- 
ceive a  majority  in  each  house  and  then  be  signed  by  the  President ; 
{b)  That  it  receive  a  two-thirds  vote  in  each  house  without  being 
signed  by  the  President ;  (c)  That  it  be  passed  by  a  majority  of  both 
houses  and  be  kept  by  the  President  ten  days  without  being  signed 
or  returned. 

QUESTIONS. 

1.  What  is  meant  by  a  preamble? 

2.  Name  the  objects  to  be  attained  by  the  adoption  of  the  Consti- 
tution. 

3.  Name  the  main  divisions  of  the  national  government. 

4.  Name  the  divisions  of  the  State  government  which  correspond 
to  these. 

5.  What  is  the  name  given  to  the  Legislative  Department  in  the 
nation  ?     In  the  State  ?     Of  what  parts  does  it  consist  in  each  ? 


THE   CONGRESS   OF  THE   UNITED   STATES.  97 

6.  How  and  for  how  long  are  national  Representatives  chosen  ? 

7.  How  and  for  what  term  are  State  Representatives  chosen  ? 

8.  Enumerate  the  qualifications  of  Representatives  in  the  United 
States  and  in  your  own  State. 

9.  Census  :  (a)  Who  takes  it?  (6)  Is  it  compulsory  on  Congress 
or  not?  (c)  Of  what  use  is  it?  (d)  Explain  the  method  in  force  in 
1790. 

10.  North  Carolina  has  a  population  of  1,617,947  and  Delaware 
168,493.  Fix  the  number  of  Representatives  to  which  each  is  en- 
titled according  to  the  ratio  of  1890. 

11.  What  is  meant  by  a  Congressional  district? 

12.  What  is  meant  by  a  State  Representative  district? 

13.  State  the  various  ways  by  which  a  vacancy  is  occasioned. 

14.  In  what  manner  are  vacancies  filled  in  the  lower  house  at 
Washington  and  in  the  lower  house  of  your  State  Legislature  ? 

15.  About  the  Senate,  tell :  (a)  What  it  is  ;  {b)  How  it  is  com- 
posed ;  (c)  What  the  term  of  office  is  ;  (d)  How  vacancies  are  filled  ; 
(e)  The  qualifications  of  its  members. 

16.  In  reference  to  your  State  Senate,  tell :  (a)  What  it  is  ;  (b)  Its 
composition  ;  (c)  The  length  of  the  term  of  office  ;  {d)  The  manner  in 
which  vacancies  are  filled  ;  (e)  The  qualifications  necessary  to  become 
a  member. 

17.  Impeachment :  (a)  Define  it.  (b)  Who  brings  the  charge  and 
what  vote  is  required  ?  (c)  Who  takes  the  next  step  and  what  vote 
is  required  ?  (d)  What  is  the  punishment  by  the  Senate  ?  (e)  What 
other  punishment  may  be  inflicted  ?  (/)  What  is  the  object  of  this 
procedure  ? 

18.  Explain  the  purpose  of  the  division  of  Senators  into  classes. 

19.  Make  an  outline.  Call  it  Law-Making  in  the  Nation  and 
State.  Place  in  it :  (a)  The  name  of  the  body  in  each ;  (b)  The 
names  of  the  parts  in  each ;  (c)  The  meeting  place ;  (d)  How  the 
members  are  elected  ;  (e)  The  qualifications  of  the  members  ;  (/)  The 
number  of  members  ;  (g)  The  manner  in  which  vacancies  are  filled. 

20.  In  Congress  :  (a)  Who  is  the  presiding  officer  of  the  House  ? 
(b)  Does  he  have  a  vote  on  all  occasions  ?  Why  ?  (c)  Who  acts  when 
he  is  not  present?  (d)  Who  is  the  presiding  officer  of  the  Senate? 
(e)  When  does  he  vote?    (/)  Why  is  this  right?    (gr)  Who  acts  when 

t 


98  CIVIL   GOVERNMENT. 

he  is  not  in  attendance  ?     (A)  Who  acts  when  the  President  of  the 
United  States  is  on  trial  for  impeachment? 

21.  Describe  briefly  the  power  of  Congress  and  the  State  Legislature 
over  elections  for  Senators  and  Representatives. 

22.  What  provision  is  made  by  the  Constitution  for  the  meeting  of 
Congress  ? 

23.  What  does  your  State  constitution  say  about  the  assembling  of 
the  Legislature  ? 

24.  How  may  a  member  of  the  Senate  or  of  the  House  of  Repre- 
sentatives be  expelled  from  either  body? 

25.  Explain  impeachment,  quorum,  yeas  and  nays. 

26.  What  does  the  Constitution  say  about  the   adjournment  of 
Congress  ? 

27.  Tell  fully  what  a  revenue  bill  is. 

28.  Explain  all  the  ways  in  which  a  bill  may  become  a  law. 

29.  Define  :  {a)  Constitutional  Law  ;  (b)  Statute  Laws. 

30.  How  may  orders,  resolutions,  and  votes  become  binding  on  the 
citizens  ? 

31.  Explain  bill,  law,  veto,  journal,  elector. 


CHAPTER    IX. 

PO'WERS  GRANTED  TO  CONGRESS. 

General  Powers  of  Congrress— Taxes,  Duties,  Imposts,  Uniformity. 

Sec.  Vm.    The  Congress  shall  have  poTver : 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises, 

to  pay  the  debts  and  provide  for  the  common  defence  and 

general  welfare  of  the  United  States ;  but  all  duties,  imposts, 

and  excises  shall  be  uniform  throughout  the  United  States. 

Powers  of  Congress. — This  clause  and  the  following 
seventeen  tell  exactly  what  Congress  has  the  right  to  do. 
It  was  thought  advisable  to  place  in  the  Constitution  the 
different  subjects  upon  which  Congress  could  make  laws, 
so  that  the  States  and  the  general  government  should  not 
be  continually  disputing  each  other's  rights.  Each  clause 
specifies  some  different  power.  This  enables  Congress  to 
know  what  laws  to  make  and  how  far  its  power  extends. 
This  reduces  the  number  of  disputes  which  might  arise  if 
these  powers  were  not  specified. 

To  establish  a  uniform  system  throughout  the  country  it 
is  necessary  that  Congress  should  have  these  powers.  To 
illustrate,  take  the  postal  service.  Congress  at  the  present 
time  has  the  right  to  conduct  the  postal  service.  Suppose 
this  power  were  not  mentioned  in  the  Constitution,  and 
several  States  should  go  into  the  postal  business  in  order 
to  make  money.  New  York  might  charge  three  cents,  Ohio 
four  cents,  and  Delaware  five  cents  for  the  delivery  of  a 
letter.  It  might  take  New  York  two  days  to  deliver  a  let- 
ter, Ohio  three  days,  and  Delaware  five  days.  This  differ- 
ence would  cause  great  inconvenience  and  annoyance  to 
tradesmen  and  might  possibly  cause  great  injury  to  their 


100  CIVIL   GOVERNMENT. 

business.  The  United  States  government  having  charge  of 
all  postal  business,  all  persons  pay  the  same  rate  of  postage 
and  secure  the  same  promptness  in  the  delivery  of  their 
mail.     The  States  could  not  render  this  service. 

Congress  has  power  to  make  laws  on  all  national  matters 
which  are  for  the  common  good.  The  States,  having  differ- 
ent conditions  of  race,  climate,  and  soil,  and  knowing  best 
what  laws  are  suited  for  their  varied  conditions,  make  their 
own  laws. 

Taxation. — It  requires  many  millions  of  dollars  every 
year  to  conduct  the  government.  This  money  is  obtained 
by  taxation.  The  Constitution  gives  Congress  power  to  im- 
pose upon  the  people  a  charge  for  the  maintenance  of  the 
government.  A  tax  is  a  sum  of  money  demanded  by  the 
government  for  its  support. 

The  power  to  tax  people  has  existed  everywhere  and 
from  the  earliest  times.  In  absolute  monarchies  people 
pay  the  tax  without  having  a  voice  in  saying  how  much  it 
shall  be.  The  main  cause  of  the  Revolutionary  War  was 
the  laying  of  taxes  without  the  consent  of  the  people.  All 
nations  of  the  world  in  which  the  people  are  represented 
in  the  imposing  of  taxes  are  more  contented  than  those  in 
which  they  have  no  representation.  Had  it  not  been  for 
Great  Britain's  foolish  attempt  in  1774  this  country,  with- 
out any  doubt,  would  still  be  a  British  colony.  England 
seems  to  have  learned  and  profited  by  experience,  for  at 
the  present  time  all  of  her  colonies  have  taxation  with 
representation.  As  a  result  of  this  she  has  comparatively 
little  trouble  with  her  colonies,  and  all  are  happy.  Canada, 
Ireland,  Scotland,  Wales,  India,  and  Australia  are  English 
possessions.  Spain,  on  the  other  hand,  has  practised  the 
reverse.    Heavy  taxes  have  been  imposed  on  all  of  her 


POWERS   GRANTED   TO   CONGRESS.  101 

colonies.  At  different  times,  for  many  years,  her  depend- 
encies have  been  in  rebellion.  As  a  consequence  of  the  late 
rebellion  in  Cuba,  Spain  has  lost  not  only  that  colony  but 
also,  in  addition,  Porto  Rico  and  the  Philippine  Islands. 
The  last  two  are  now  possessions  of  the  United  States. 

Under  the  Articles  of  Confederation  Congress  had  the 
power  to  levy  taxes  but  could  not  compel  any  one  to  pay 
them  ;  consequently,  little  money  was  received,  thus  causing 
the  nation  to  be  in  a  bad  financial  condition.  When  the 
Constitution  was  framed  this  evil  was  remedied  by  giving 
Congress  the  power  to  compel  the  payment  of  taxes. 

Kinds  of  Taxes. — There  are  two  kinds  of  taxes,  accord- 
ing to  the  manner  in  which  they  are  laid, — namely : 

1.  Direct. 

2.  Indirect. 

'  Direct  taxes  are  those  laid  directly  on  the  people.  A  tax 
paid  for  voting,  called  a  poll  tax,  and  a  tax  upon  property 
or  land  are  good  examples  of  this  kind  of  tax.  The  first 
direct  tax  was  levied  in  1798  upon  houses,  slaves,  and 
land. 

Direct  taxes  are  levied  by  the  government  only  in  times 
of  great  need,  such  as  in  time  of  war,  when  much  money 
is  required.  Only  about  six  times  has  this  power  to  lay 
direct  taxes  been  exercised  in  our  country.  In  1861  it 
was  used  to  defray  the  heavy  expenses  incurred  by  the 
Civil  War. 

Like  the  apportionment  of  Representatives,  direct  taxes 
must  be  laid  according  to  population.  The  object  of  this 
is  to  prevent  Congress  from  making  citizens  of  one  State 
pay  more  towards  the  support  of  the  government  than  those 
in  another  State.  Each  person  enjoys  the  benefit  of  the 
government,  and  every  one  should  bear  his  proportion  of 


102 


CIVIL   GOVERNMENT. 


the  expense  in  conducting  it.  If  Congress  needed  forty- 
five  million  dollars  and  proposed  raising  this  sum  by  a  direct 
tax,  asking  one  million  dollars  from  each  State,  great  dis- 
satisfaction would  prevail.  This  method  v^ould  be  very 
unjust. 


state. 

People. 

Tax. 

Tax  on  each 
Person. 

New  York 

Delaware 

6,500,000 
170,000 

11,000,000 
1,000,000 

10.20 
6.00  (about) 

We  see  by  this  table  that  a  citizen  of  Delaware  would 
pay  about  six  dollars  towards  the  support  of  the  govern- 
ment, while  a  citizen  of  New  York  would  pay  but  twenty 
cents.  This  is  so  unfair  that  such  a  method  of  taxation  is 
forbidden  by  the  Constitution ;  the  tax  must  be  laid  accord- 
ing to  the  population.  If  Congress  wishes  to  raise  sixty-five 
million  dollars  and  thpre  are  sixty-five  million  people  in  the 
United  States,  each  one  would  pay  as  his  share  one  dollar. 


state. 

Number  of 
People. 

Tax  on  each 
Person. 

Share  of  Tax. 

New  York 

Delaware 

5,500,000 
170,000 

11.00 
1.00 

$5,500,000 
170,000 

Indirect  Taxes. — An  indirect  tax  is  one  that  every  person 
is  not  compelled  to  pay.  This  tax  is  laid  on  goods  brought 
into  a  country  or  those  made  within  it.  Indirect  taxes 
are  more  agreeable  to  the  people  because  the  charges  are 
small,  and  people,  when  buying  the  goods,  are  generally 
unconscious  of  the  fact  that  they  are  paying  a  tax. 


POWERS  GRANTED  TO  CONGRESS.       103 

Difference  of  Terms. — There  is  little  difference  in  the 
meaning  of  the  words  taxes,  duties,  imposts,  and  excises. 
They  all  mean  the  giving  of  something  by  the  people  to  the 
government  for  its  maintenance.  Duties  refer  to  taxes  on 
goods  imported.  Excises  are  taxes  on  goods  made  within 
a  country. 

Duties. — There  are  three  classes  of  duties, — viz. : 

1.  Specific. 

2.  Ad  valorem. 

3.  Compound. 

A  specific  duty  is  a  tax  laid  according  to  quantity, 
weight,  or  measure  ;  as,  two  cents  a  pound  on  sugar,  eight 
cents  a  yard  on  lace,  twenty-five  cents  a  gallon  on  olive  oil. 

An  ad  valorem  duty  is  a  tax  laid  according  to  the 
value  of  the  goods ;  as,  five  per  cent.,  or  five  cents  on  each 
dollar's  worth  of  silk,  fifteen  per  cent,  on  diamonds. 

A  compound  duty  is  a  combination  of  the  specific 
and  ad  valorem  duties.  A  man  imports  fifty  pounds  of 
tobacco,  worth  fifty  cents  a  pound.  He  is  compelled  to  pay 
a  tax  on  the  quantity,  say  five  cents  a  pound,  or  two  dollars 
and  fifty  cents.  He  is  also  compelled  to  pay  a  tax  on  the 
value  of  the  tobacco,  say  ten  per  cent.,  or  two  dollars  and 
fifty  cents.  The  specific  duty  at  five  cents  a  pound  is  two 
dollars  and  fifty  cents,  and  the  ad  valorem  duty  of  ten  per 
cent,  is  two  dollars  and  fifty  cents.  He  would,  therefore, 
have  to  pay  the  government  five  dollars.  This  is  an  ex- 
ample of  a  compound  duty. 

Tariff. — Thousands  of  articles  are  imported  into  the 
United  States ;  for  each  of  these  a  different  tax  must  be 
laid.    These  taxes  taken  together  form  what  is  called  the 


104 


CIVIL   GOVERNMENT. 


tariff  of  a  country.  This  word  tariff  has  an  interesting 
history.  About  a  century  ago,  there  dwelt  at  the  entrance 
to  the  Mediterranean  Sea  a  band  of  pirates.  The  strait  at 
this  point  being  very  narrow,  every  ship  passing  was  boarded 
by  the  pirates,  who  compelled  the  captain  of  the  ship  to 
give  a  sum  of  money  or  a  part  of  the  cargo  for  permission 
to  pass  on.  The  name  of  the  place  or  town,  which  is  near 
the  Strait  of  Gibraltar,  is  Tarifa.  From  this  town  of  Tarifa 
our  present  word  "tariff"  is  derived. 

Excises  are  taxes  on  goods  made  in  a  country.  At  the 
present  time,  there  is  only  an  excise  tax,  known  as  internal 
revenue,  laid  on  tobacco  and  alcoholic  liquors,  because  they 
are  not  considered  as  necessities  of  life. 

Direct  taxes  must  be  laid  according  to  population  ;  indirect 
taxes  must  be  the  same  or  uniform  throughout  the  United 
States.  Goods  brought  from  London  to  Boston  must  pay 
the  same  tax  as  if  brought  to  Philadelphia.  If  the  govern- 
ment should  say  the  tax  is  five  cents  at  Boston  and  ten  cents 
at  Philadelphia,  all  vessels  would  enter  Boston  and  thus 
save  the  difference  between  the  taxes.  The  failure  to  make 
taxation  uniform  would  give  one  city  an  advantage  over 
another. 


Taxes. . 


1.  Direct — seldom  laid — ac- 
cording to  census  .    .    . 


2.  Indirect — always     laid- 
must  be  uniform   .    . 


■  1.  Income  tax. 

2.  Tax  on  real  estate. 

3.  Tax  on  personal  property. 

1.  Specific — 
quantity. 

2.  Ad  valorem — 
r  Duties.    .    \  value. 

3.  Compound — 
quantity  and 
value. 

Internal       [  Tobacco. 
Eevenue.  1  Alcohol. 


POWERS   GRANTED   TO   CONGRESS.  105 

All  duties  are  payable  at  the  custom-houses.  These 
are  branches  of  the  Treasury  Department  of  the  United 
States.     Money  thus  obtained  is  used : 

1.  To  pay  the  debts  of  the  United  S<|ites. 

2.  To  provide  for  common  defence. 

3.  To  provide  for  the  general  welfare  of  the  country. 

Troubles  caused  by  Taxation. — At  the  beginnmg  of 
the  government  great  sums  of  money  were  needed.  Alex- 
ander Hamilton,  Secretary  of  the  Treasury  under  Wash- 
ington, was  the  first  to  recommend  measures  for  taxing  the 
people  in  order  to  maintain  the  government  and  pay  the 
debts  contracted  during  and  after  the  Revolutionary  War. 
His  scheme  is  known  as  "Hamilton's  Funding  System." 
It  provided  for  four  things, — namely : 

1.  To  pay  the  running  expenses  of  the  government. 

2.  To  pay  France  and  other  countries  the  money  loaned  to  the 
United  States  during  the  Revolution. 

3.  To  pay  the  soldiers  who  took  part  in  the  Revolution  and  those 
in  our  country  who  had  loaned  the  government  money  during  that 
period. 

4.  To  pay  the  debts  which  the  States  had  contracted  with  their  own 
citizens  during  the  war.  This  has  been  termed  the  ''Assumption  of 
State  Debts." 

Whiskey  and  other  alcoholic  drinks  were  much  in  use  at 
the  time  of  Washington's  administration,  and  as  they  were 
not  considered  necessities  of  life  a  tax  was  laid  on  them. 
In  1794,  in  Western  Pennsylvania,  where  this  product  was 
extensively  manufactured  from  corn,  the  people  refused  to 
pay  the  tax  and  started  an  insurrection.  Washington,  how- 
ever, ordered  out  the  militia  of  Pennsylvania,  New  Jersey, 


106  CIVIL   GOVERNMENT. 

Maryland,  and  Virginia.     In  a  short  time  quiet  was  restored 
without  bloodshed. 


Nullification. — In  John  Quincy  Adams's  administration 
a  high  tariff  was  laid,  called  the  "  American  System."  Its 
object  was  to  keep  foreign  goods  out  of  this  country  by 
placing  a  high  tax  upon  them  and  thus  protect  the  home 
manufacturers.  The  North  had  all  the  factories.  It  thus 
received  all  the  benefit  of  the  tariff,  while  the  South,  being 
agricultural  in  its  pursuits,  did  not  receive  any  benefit,  and 
since  it  bought  most  of  its  goods  from  England,  it  really  had 
to  pay  the  increased  taxes.  The  South,  therefore,  opposed 
this  method  of  taxation.  In  1833  South  Carolina  refused  to 
pay  the  tax  upon  imported  goods,  saying  that  the  law  which 
imposed  such  a  tax  was  '^  null  and  void."  This  action  of  the 
State  of  South  Carolina  in  declaring  a  law  passed  by  Congress 
null  and  void  has  been  termed  "  nullification."  Nullifica- 
tion means  the  refusal  of  a  State  to  obey  a  law  of  Congress. 

President  Jackson  sent  an  armed  force  to  Charleston  to 
see  that  the  taxes  upon  imported  goods  were  paid.  The 
people  of  South  Carolina  paid  the  taxes  reluctantly.  The 
opposition,  however,  caused  a  change  in  the  tariff.  Henry 
Clay  had  a  compromise  tariff  passed  by  Congress,  which 
provided  for  the  gradual  reduction  of  the  obnoxious  tariff 
until  a  certain  point  was  reached  where  it  was  to  remain. 

American  System,  or  Protective  Tariff. — This  system 
of  taxation  not  only  helps  to  pay  the  expenses  of  the  gov- 
ernment but  also  protects  home  manufacturers.  The  object 
of  this  form  of  tariff  is  to  compel  the  consumer  to  buy 
home  manufactured  goods  or  else  pay  a  high  price  for  the 
same  article  manufactured  in  a  foreign  land.  This  system 
reached  its  height  in  John  Quincy  Adams's  administration. 


POWERS  GRANTED  TO  CONGRESS.       107 

It  was  set  aside  in  Polk's  administration  and  revived  in 
Lincoln's  administration.  Some  of  the  most  important  pro- 
tective tariff  bills  have  been  the  "  McKinley  Bill,"  passed  in 
Harrison's  administration,  and  the  "  Dingley  Bill,"  passed  in 
McKinley's  administration. 

Tariff  for  Revenue. — This  is  a  system  which  simply  takes 
into  consideration  the  amount  of  money  to  be  raised  by 
taxation  for  the  maintenance  of  the  government.  It  does 
not  protect  home  industries.  The  following  are  tariff  for 
revenue  bills : 

1.  **  Mills  Bill,"  passed  during  Cleveland's  first  administration. 

2.  "Wilson-Gorman  Bill,"  passed  during  Cleveland's  second  ad- 
ministration. 

The  "  Wilson-Gorman  Bill"  had  some  protective  features 
in  it.  President  Cleveland  did  not  sign  it,  but  permitted  it 
to  become  a  law  by  not  returning  it  within  the  required 
time. 

The  Republicans  of  this  country  have  advocated  a  protec- 
tive tariff,  while  the  Democrats  have  supported  a  tariff  for 
revenue  only. 

Free  trade  is  the  admission  of  all  foreign  goods  into  a 
country  free  of  duty. 

Reciprocity  is  an  agreement  between  two  countries  con- 
ferring equal  privileges  as  regards  the  admission  of  imports. 

Borrow  Money. 
2.  To  borrow  money  on  the  credit  of  the  United  States. 

Borrowing"  Money. — The  tariff  of  the  United  States 
brings  in  sufficient  money  to  carry  on  the  government.     The 


108  CIVIL  GOVERNMENT. 

object  of  this  tariff  is  to  make  the  expense  of  carrying  on 
the  government  less  burdensome  to  the  people.  In  case 
of  war  or  in  time  of  great  need  sufficient  money  cannot 
be  raised  by  the  tariff  alone.  A  higher  tariff  could  be 
made,  but  to  pass  and  put  into  operation  a  new  tariff  law 
would  require  so  much  time  that  the  country  might  be 
placed  in  peril.  To  meet  such  a  condition  Congress  has 
the  power  to  borrow  money  in  the  name  of  the  United 
States.  Money  may  be  borrowed  at  home  and  abroad.  As 
a  rule,  however,  our  citizens  have  such  faith  in  the  govern- 
ment that  all  that  is  needed  can  be  procured  in  our  own 
country. 

Money  is  generally  raised  in  times  of  emergency  by 
issuing  bonds.  A  bond  is  a  paper  issued  by  the  govern- 
ment, binding  itself  to  pay  a  certain  sum  of  money  at  a 
specified  time,  ten  or  twenty  years,  and  also  to  pay  a  certain 
rate  of  interest.  In  1898,  as  a  result  of  the  war  with  Spain, 
two  hundred  million  dollars  worth  of  bonds,  bearing  three 
per  cent,  interest,  were  issued.  In  a  few  months  the  entire 
amount  was  sold. 

Reg-ulation  of  Commerce. 

3.  To  regulate  commerce  with  foreign  nations,  and  among 
the  several  States,  and  with  the  Indian  tribes. 

Commerce. — The  exchange  of  products  and  manufactures 
between  different  places  or  communities  is  called  com- 
merce. The  exchange  between  people  of  two  different 
countries  is  known  as  foreign  commerce ;  that  between 
people  of  different  cities  and  States  of  a  nation,  domestic 
commerce. 

The  extent  of  the  commerce  of  a  country  is  an  indication 
of  its  condition.  President  Cleveland  said,  "Commerce  is 
the  life-blood  of  a  nation,  and  no  country  that  loses  or  im- 


POWERS   GRANTED   TO   CONGRESS.  109 

poverishes  it  can  long  retain  a  commanding  position  among 
the  nations  of  the  world." 

The  Continental  Congress  had  no  power  over  commerce. 
Each  State  made  such  laws  on  this  subject  as  seemed  of 
special  benefit  to  itself  only.  Pennsylvania  might  have  for- 
bidden the  importation  of  certain  articles  from  New  Jersey, 
and  most  likely  the  latter  State  would  have  done  the  same 
with  reference  to  the  importation  of  articles  from  the  former 
State.  Such  condition  of  affairs  produced  much  contro- 
versy, which  was  finally  remedied  by  the  Constitution. 

Commerce  may  be  regulated  by  Congress  with : 

1.  Foreign  nations Foreign  commerce. 

2.  The  States Domestic  commerce. 

3.  Indian  tribes Domestic  commerce. 

Comparatively  little  commerce  is  now  carried  on  with  the 
Indians.  In  the  early  days  of  the  government,  before  the 
West  was  settled  and  while  many  red  men  remained,  there 
was  much  exchange  in  furs.  According  to  the  last  census, 
there  are  few  Indians ;  consequently,  their  articles  of  ex- 
change are  inconsiderable. 

Aids  to  Oommerce. — Congress  has  helped  the  progress 
of  commerce  in  many  ways, — namely : 

1.  By  making  Laws  on  the  Subject  of  Fisheries ;  their  Pro- 
tection and  Growth.  There  is  a  certain  department  of  the  govern- 
ment, known  as  the  Fish  Commission,  which  annually  sends  out  mil- 
lions of  fish  to  be  placed  in  the  rivers  and  streams  of  the  country. 

2.  By  establishing  a  Life-Saving  Service.  During  the  greater 
portion  of  the  year  men  are  stationed  at  the  most  dangerous  parts 
of  the  coast.  Continual  watch  is  kept  for  ships  in  danger.  Since  the 
year  1871,  when  the  service  was  inaugurated,  many  persons  have 
been  rescued  and  many  millions  of  dollars  worth  of  cargo  have  been 
saved. 


110  CIVIL   GOVERNMENT. 

3.  By  supplsdng  Light-Houses  and  Buoys.  Light-houses  are 
placed  in  dangerous  localities,  so  that  at  night  a  ship  may  know  its  loca- 
tion and  at  the  same  time  its  danger.  Buoys  are  placed  in  all  shal- 
low places  in  rivers,  bays,  and  gulfs  to  prevent  vessels  from  grounding. 

4.  By  surveying  Coasts  and  Harbors.  The  coasts  and  har- 
bors are  all  surveyed  and  the  dangerous  places  marked  by  light-houses 
and  buoys.  After  the  survey  of  a  harbor,  maps  are  prepared  and 
issued  to  captains  of  ships.  These  maps  indicate  the  location  of  dan- 
gerous places.  They  prove  of  great  assistance  to  captains  in  entering 
strange  harbors. 

6.  By  protecting  Seamen.  A  Marine-Hospital  Service  has  been 
established  by  Congress.  The  health  of  all  officers  and  crews  of 
American  shipping  is  under  its  care.  Under  its  control  are  hospitals 
where  sick  and  disabled  seamen  may  find  a  home,  and  where  they 
receive  medical  attention. 

'  6.  By  a  Weather  Bureau.  This  department  telegraph^s  notice 
of  approaching  storms  throughout  the  country,  that  vessels  about  to 
leave  port  may  remain  until  danger  is  past,  and  thus  avoid  the  risk  of 
destruction  of  life  and  cargo. 

7.  By  encouraging  the  Building  of  Railroads.  Commerce  is 
carried  on  in  the  country  mostly  by  railroads  ;  here  Congress  has  also 
encouraged  it  in  this  manner  : 

1.  By  giving  free  of  charge  large  tracts  of  land. 

2.  By  having  the  cars  equipped  with  safety  appliances  to  pro- 

tect trainmen. 

Naturalization  and  Bankruptcy. 

4.  To  establish  a  uniform  rule  of  naturalization,  and  uni- 
form laws  on  the  subject  of  bankruptcies  throughout  the 
United  States. 

Process  of  Naturalization. — The  process  by  which  an 
alien  becomes  a  citizen  of  the  United  States  is  called  natu- 
ralization. 

A  foreigner  is  a  person  who  travels  or  resides  in  a  differ- 
ent country  from  that  in  which  he  was  born. 

An  alien  is  a  foreigner  who  does  not  enjoy  any  political 


POWERS   GRANTED   TO   CONGRESS.  HI 

rights  of  the  country  in  which  he  resides.  An  ahen,  by 
naturalization,  becomes  a  citizen. 

Persons  born  in  the  United  States  are  citizens.  This  is 
set  forth  in  the  Fourteenth  Amendment,  which  says,  *'  All 
persons  born  in  the  United  States  and  subject  to  the  juris- 
diction thereof,  are  citizens  of  the  United  States  and  of  the 
State  wherein  they  reside." 

Laws  relating  to  naturalization  can  only  be  made  by 
Congress.  The  following  law  has  been  made  by  Congress 
on  this  subject : 

1.  An  alien,  after  three  years*  residence,  appears  before  any  court 
having  jurisdiction  and  makes  a  declaration  of  his  intention  of  be- 
coming a  citizen.    He  then  receives  what  are  termed  *  *  his  first  papers. '  * 

2.  Two  years  after  this,  making  five  years  in  all,  he  again  ap- 
pears in  court  and  takes  an  oath  of  allegiance  to  his  new  government 
and  renounces  his  allegiance  to  his  old  country.  He  is  asked  some 
questions  on  the  government  of  the  country,  and  if  the  judge  think 
him  a  fit  person  for  citizenship,  naturalization  papers  are  granted 
and  the  applicant  becomes  a  citizen. 

An  alien,  who  has  served  in  the  American  army  or  navy 
one  year  and  has  been  honorably  discharged,  may  become 
a  citizen  at  the  end  of  his  year's  service,  provided  that  he 
be  over  twenty-one  years  of  age. 

Persons  bom  in  a  foreign  country  of  American  parents 
are  citizens  of  the  United  States.  Such  an  individual  is 
eligible  to  the  office  of  President  of  the  United  States. 

When  an  alien  is  naturalized  all  of  his  children,  if  living 
in  this  country  and  under  twenty-one  years  of  age,  are 
made  citizens  at  the  same  time  without  further  trouble. 

By  the  annexation  of  Hawaii  and  Porto  Rico  all  the  in- 
habitants of  these  islands  will,  in  time,  become  citizens  with- 
out the  process  of  naturalization.  When  a  Territory  becomes 


112  CIVIL   GOVERNMENT. 

a  State  all  the  inhabitants  become  citizens  of  the  United 
States  without  further  procedure. 

In  all  States,  male  citizens,  provided  they  have  certain 
other  qualifications,  are  allowed  to  vote.  In  a  few  States, 
notably  those  of  the  West,  women  citizens  are  granted  the 
right  of  suffrage.  Children  are  not  permitted  to  vote  in  any 
State. 

Immigration. — In  a  little  over  a  century  the  population 
of  this  country  has  increased  over  sixty  millions.  The  cause 
of  this  was  the  immense  number  of  people  who  came  from 
other  lands.  A  person  who  moves  from  one  country  to 
another  is  called  an  emigrant  of  the  country  which  he 
leaves,  and  an  immigrant  of  the  one  which  he  enters.  Emi- 
gration means  the  act  of  leaving  a  country ;  immigration, 
the  act  of  entering  a  country. 

The  early  arrivals  were  earnest  men  of  strong  character 
who  left  home  because  of  religious  oppression,  and  who 
came  to  make  a  home  for  themselves  and  families  in  the 
new  country.  They  possessed  a  strong  desire  for  liberty. 
Their  descendants  were  the  sturdy  men  who  resisted  Eng- 
land and  made  a  nation  of  the  thirteen  colonies.  Such 
immigrants  are  always  desirable,  and  no  laws  should  be 
made  which  will  ever  keep  from  them  the  benefits  of  resi- 
dence among  us. 

In  later  years,  few  of  the  best  men  of  other  lands  have 
come  to  our  shores.  Those  who  are  satisfied  with  their 
mother  country  generally  remain  there,  while  those  who 
are  dissatisfied — namely,  criminals  and  those  wishing  to 
escape  military  service — come  to  our  country.  There  has 
been,  however,  a  small  number  of  very  desirable  arrivals, 
whose  object  is  to  better  their  condition,  and  who  are  ener- 
getic and  honest. 


POWERS   GRANTED  TO   CONGRESS.  113 

The  most  undesirable  class  of  immigrants  are  the  Chinese. 
Their  immigration  began  about  1880.  The  object  of  their 
coming  to  America  was  not  to  stay  or  to  associate  with 
the  other  races,  but  to  make  sufficient  money  in  a  few 
years  to  return  and  live  at  ease  in  their  mother  country. 
Besides  their  isolation,  they  possess  certain  disagreeable 
habits.  They  use  opium  to  a  marvellous  extent.  The  main 
objection  to  them  was  urged  by  the  people  of  California. 
It  was  claimed,  and  rightly  so,  that  they  displaced  many 
American  citizens  by  agreeing  to  perform  the  same  labor 
for  much  less  wages.  It  was  also  apparent  that  they  never 
intended  to  become,  and  that  they  would  never  make  the 
right  kind  of,  citizens.  In  Cleveland's  administration  (1885- 
1889),  a  law  was  made  prohibiting  any  more  from  landing. 
It  is  claimed  that  there  are  people  who  come  from  other 
lands  who  are  as  undesirable  as  the  Chinese.  This  is  true, 
but  we  have  solved  the  Chinese  question,  and  probably  this 
solution  will  aid  us  in  debarring  other  undesirable  immi- 
grants. Laws  prohibiting  the  immigration  of  improper 
persons  should  be  passed  and  firmly  carried  out. 

It  is  the  duty  of  the  government  to  enact  laws  that 
will  keep  out  of  our  country  those  whose  influence  would 
be  harmful.  Anarchists,  whose  wish  it  is  to  arouse  discon- 
tent ;  criminals,  who  have  no  respect  for  the  law ;  paupers, 
who  are  apt  to  become  public  charges  ;  and  those  of  a  weak 
or  immoral  nature,  who  are  apt  to  contaminate  others,  should 
all  be  denied  admission  into  our  country.  We  can  have  no 
law  too  strict  on  the  question  of  immigration. 

This  is  a  very  important  question,  and  one  of  vital  in- 
terest to  our  nation.  If  we  permit  the  elements  of  weak- 
ness to  enter  into  the  structure  of  our  nation  it  will  fall 
just  as  others  have  fallen.  When  you  study  the  history  of 
Rome  you  will  see  why  that  country,  once  the  mistress  of 

8 


114  CIVIL   GOVERNMENT. 

the  world,  tottered  and  fell.  You  will  notice  that  so  long  as 
Roman  citizenship  was  confined  to  Romans  only,  that  nation 
prospered  in  all  its  battles,  because  they  were  fought  solely 
by  Romans.  But  when  outside  nations  were  conquered  and 
the  defeated  people  permitted  to  enter  into  Roman  citizen- 
ship, then  Rome  began  to  lose  her  prestige.  The  battles  were 
no  longer  fought  by  Romans  but  by  aliens  who  did  not  pos- 
sess the  Roman  valor.  Battle  after  battle  was  lost,  each 
diminishing  the  territory  and  power  of  Rome,  until  finally 
there  was  nothing  left  but  a  weak,  indifferent  people.  This 
happened  to  a  nation  which  at  one  time  governed  the  world. 
It  happened  because  that  nation  did  not  grant  citizenship  to 
the  kind  of  people  who  would  be  proud  of  such  an  honor. 
We  think  our  nation  is  strong,  but  carelessness  in  the  grant- 
ing of  admission  into  our  country  and  the  right  of  citizenship 
will  cause  our  downfall  just  as  it  did  Rome's. 

We  welcome  to  our  shores  those  people  who  can  appre- 
ciate the  honor  of  American  citizenship  and  who  are  willing 
to  learn  our  language,  laws,  and  customs.  As  it  once  was 
said  of  the  Roman,  let  it  be  said  of  us,  *'  To  be  an  American 
is  an  honor." 

Higher  Standard  of  Naturalization. — In  those  countries 
where  the  representatives  of  the  people  carry  on  the  gov- 
ernment there  is  always  present  a  serious  danger.  Office- 
holders will  not  perform  the  work  intrusted  to  them  to  the 
best  of  their  abilities.  Incompetent  and  dishonest  men 
often  get  control  of  an  office ;  they  perform  the  duties  in 
such  a  manner  as  to  benefit  themselves.  Despite  the 
harm  done,  it  is  a  difficult  matter  to  elect  a  better  man. 
The  same  principle  that  holds  in  business  should  apply  to 
the  government :  it  should  be  conducted  for  the  best  interests 
of  all  concerned. 


POWERS   GRANTED  TO   CONGRESS.  115 

Able  men  could  fill  such  places,  but  they  are  seldom 
selected.  The  fault  is  with  the  voters.  It  seems  that  the 
greater  number  vote  for  any  candidate  without  carefully 
looking  into  the  qualifications  of  the  man.  The  ignorant 
voters  outnumber  the  intelligent.  The  former  are  used  by 
the  politicians  for  their  dishonest  purposes.  No  well-in- 
formed person  doubts  that  the  elections  are  made  impure 
and  false  by  the  immense  number  of  illiterate  and  degraded 
persons.  It  is  a  parody  on  education  to  give  an  ignorant 
man  one  vote  and  no  more  to  the  highly  developed  citizen. 
Small  wonder  intelligent  persons  stay  away  from  the  polls 
when  they  know  that  their  ballots  are  neutralized  by  persons 
who  cannot  be  compared  to  them  in  knowledge  and  charac- 
ter !  To  blame  the  ignorant  is  not  unjust,  when  most  of  the 
frauds  are  known  to  occur  in  the  districts  in  which  they  live. 

The  United  States  courts  could  be  a  power  in  bringing 
about  a  reform.  They  alone  have  the  right  to  naturalize. 
Too  often  foreigners  without  qualification  are  admitted 
to  citizenship.  Instead  of  requiring  some  severe  test,  the 
mere  fact  of  five  years'  residence  is  taken.  Our  judges 
cannot  be  too  careful  in  the  granting  of  naturalization 
papers.  None  but  those  who  know  how  to  read  and  write 
our  language  should  be  admitted  to  citizenship.  Nor  is  an 
educational  test  too  severe.  A  knowledge  of  history  and 
geography  should  also  be  required.  When  a  man  who  has 
been  born  and  educated  here  finds  that  an  illiterate  for- 
eigner has  as  much  power  in  the  government  as  he  has,  he 
becomes  disgusted.  This  unequal  citizenship  should  not 
exist.  There  are  many  native-born  citizens  to  whom  this 
test  should  also  be  applied.  Where  the  person  could  show 
that  he  has  attended  school  to  the  age  of  fourteen  or  sixteen 
the  law  could  be  set  aside.  This  question  is  more  serious 
than  most  people  think,  aiming  as  it  does  at  the  very  life  of 


116  CIVIL   GOVERNMENT. 

the  government.  Unless  republics  are  well  managed  they 
are  more  sure  to  fall  than  monarchies.  "  Eternal  vigilance 
is  the  price  of  liberty." 

Bankruptcy. — When  a  person  owes  more  than  he  can 
pay  he  is  in  debt,  and  we  call  him  a  bankrupt.  In  colonial 
days  people  were  very  strict  in  this  matter.  Any  one  not 
being  able  to  pay  his  accounts  was  cast  into  prison  until 
some  of  his  friends  should  come  forward  and  discharge  the 
debt  for  him. 

It  will  be  easily  seen  that  this  was  a  bad  plan.  All  men 
who  fail  in  business  are  not  dishonest,  and  if  such  a  person 
is  placed  in  prison  he  is  disgraced  and  he  can  hardly  elevate 
himself.  On  the  other  hand,  an  honest  man  might  fail  in 
business  because  of  bad  plans  and  inefficient  employees. 
This  man,  if  he  had  another  chance,  might  probably  prosper, 
and  then  be  able  to  pay  all  of  his  back  debts. 

A  man  who  finds  himself  unable  to  meet  his  obligations 
and  desires  to  start  in  business  anew  goes  before  a  court 
and  has  himself  adjudged  a  bankrupt.  This  releases  him 
from  paying  any  debts  which  he  is  unable  to  meet  and  pro- 
tects him  in  future  times  from  losing  any  money  or  property 
acquired  since  he  was  declared  a  bankrupt. 

One  failing  in  business  should  turn  over  all  his  property 
to  his  creditors.  This  may  only  be  worth  a  small  part 
of  his  debts,  but  at  any  future  time  he  is  not  bound  by  law, 
but  by  honor,  to  pay  his  entire  debt.  After  relinquishing  all 
his  property,  he  can  no  longer  be  held  for  the  same  debt. 

Mr.  Allen  has  a  large  business.  At  the  end  of  a  year  his 
expenses  are  found  to  be  seventy-five  thousand  dollars  and 
his  receipts  but  ten  thousand  dollars.  Seeing  that  he  is  so  far 
behind,  he  applies  to  the  court,  who  declares  him  a  bankrupt. 
The  ten  thousand  dollars  and  his  property  valued  at  fifteen 


POWERS   GRANTED   TO   CONGRESS.  117 

thousand  dollars  are  turned  over  to  the  creditors.  The  fifty- 
thousand  dollars  is  a  loss  unless  Mr.  Allen  is  successful  in 
another  business.  He  then  may,  from  a  stand-point  of  honor 
to  himself  and  family,  pay  off  his  old  indebtedness. 

The  present  national  bankruptcy  law  was  passed  in  1898. 
We  had,  previous  to  that  time,  three  such  laws,  all  of  which 
were  repealed.  The  first,  made  in  1800,  was  repealed  in 
1803 ;  the  second,  made  in  1841,  was  repealed  in  1843 ;  and 
the  third,  made  in  1867,  was  repealed  in  1878.  Some  States 
have  passed  insolvent  laws  for  the  benefit  of  men  who  fail 
in  business. 

Money,  Weigrhts,  and  Measures. 
5.   To  coin    money,  regulate  the  value  thereof,  and  of 
foreign  coin,  and  fix  the  standard  of  -weights  and  measures. 

Money. — There  are  two  kinds  of  money, — ^viz. : 

1.  Coin. 

2.  Paper. 

To  have  the  money  in  different  parts  of  the  country 
alike.  Congress  alone  has  the  power  to  coin  it.  Coinage  is 
the  making  of  money.  Coin  money  is  made  at  the  mints. 
Paper  money  is  made  at  the  Bureau  of  Engraving  at  Wash- 
ington. Mints  have  been  established  at  Philadelphia,  San 
Francisco,  New  Orleans,  and  Carson  City.  On  each  coin 
made  at  the  different  mints  there  are  certain  small  letters 
showing  where  they  were  coined.  "S"  stands  for  San 
Francisco,  "  0"  for  New  Orleans,  and  *'  C  C"  for  Carson 
City.  Philadelphia  being  the  main  mint  the  coins  from 
this  city  have  no  mint  mark. 

All  coins  are  round,  so  that  there  may  be  no  corners 
to  wear  away  rapidly. 

The  present  system  of  decimal  coinage  was  the  work  of 
Thomas  Jefferson.     In  1784  he  submitted  a  report  to  the 


118  CIVIL  GOVERNMENT. 

Second  Continental  Congress,  which  was  adopted  in  1785, 
providing  for  four  coins  as  follows : 

1.  A  gold  piece value,  $10.00  =  eagle. 

2.  A  silver  piece value,  1.00  =  dollar. 

3.  A  silver  piece value,  ^iff  of    1.00  =  dime. 

4.  A  copper  piece value,  j^  of    1.00  =  cent. 

Coin  money  contains  some  metal  which  has  value  in 
itself.  There  is  always  a  certain  percentage  of  the  metal 
used  in  making  a  coin  which  has  nothing  to  do  with  the 
value  of  the  coin,  but  is  simply  there  to  preserve  it.  The 
various  metals  used  in  coining  silver  and  gold  are  termed 
alloys.  If  coins  were  simply  made  of  pure  gold  or  silver 
they  would  not  be  so  durable.  When  these  metals  are 
used  in  connection  with  an  alloy  the  coin  is  harder,  and 
lasts  for  years.  If  a  ten  dollar  gold  piece  were  melted  we 
should  still  be  able  to  obtain  ten  dollars  for  the  gold.  Gold 
and  silver  coins  consist  of  nine  parts  of  pure  metal  and  one 
part  alloy.  The  alloy  of  silver  coins  is  pure  copper.  The 
alloy  of  gold  coins  consists  of  two  metals, — viz.,  silver  and 
copper,  the  latter  metal  not  exceeding  one-tenth  of  the  alloy. 
The  nickel  coins  contain  one  part  of  nickel  to  three  parts 
of  copper.  The  bronze  coins  consist  of  ninety-five  parts 
of  copper  to  five  parts  of  zinc  and  tin. 

Gold  coins  are  a  legal  tender  for  any  amount  of  debt.  Sil- 
ver coins  that  are  made  at  the  present  time  are  legal  tender 
for  any  amount  not  exceeding  five  dollars  in  any  single  pay- 
ment. Nickel  and  bronze  coins  are  legal  tender  for  amounts 
not  exceeding  twenty-five  cents  in  any  single  payment. 

Paper  money  is  only  a  convenience,  and  the  paper  of  i 
which  it  is  made  has  no  value.    Paper  money  is  only  taken 
by  the  people  because  it  will  be  exchanged  for  coin  by  the 
government.    This  money  consists  of  notes,  termed  gold 
and  silver  notes.     If  you  examine  a  dollar  note  you  will 


POWERS   GRANTED   TO   CONGRESS.  119 

find  on  one  side  of  it  a  statement  to  this  effect :  **  This  cer- 
tifies that  there  has  been  deposited  in  the  Treasury  of  the 
United  States  one  silver  dollar."  Each  note  issued  by  the 
United  States  Treasury  contains  a  similar  statement  as  to 
the  amount  of  gold  or  silver  deposited  at  Washington.  It 
is  this  statement  on  paper  money  that  makes  it  acceptable  * 
to  the  people.  If  they  knew  they  could  not  obtain  gold  or 
silver  for  the  paper  money  they  would  not  want  it.  It 
may  be  well  to  know  that  this  paper  money  does  not 
represent  coined  silver  or  gold,  but  uncoined.  It  is  the 
silver  and  gold  in  their  pure  state.  In  this  condition  they 
are  called  bullion  gold  and  bullion  silver.  People  are  not 
afraid  to  take  these  notes  in  payment  for  a  debt.  They 
have  great  faith  in  then*  government.  They  know,  too,  that 
when  it  promises  to  do  anything  it  does  it.  There  are 
other  kinds  of  notes  or  paper  money  in  our  country. 
These  are  called  bank  notes,  and  are  issued  by  banks  when 
they  possess  government  bonds.  Such  a  note  contains  this 
statement :  "  This  note  is  secured  by  bonds  of  the  United 
States  deposited  with  the  United  States  Treasurer  at  Wash- 
ington." When  you  become  older  and  learn  our  banking 
system  you  will  understand  how  these  notes  are  issued.  It 
is  always  well  that  the  amount  of  coin  money  should  exceed 
the  amount  of  paper  money. 

During  the  Revolutionary  War  Congress  issued  Conti- 
nental currency  in  such  large  quantities  that  it  was  worth- 
less. The  notes  issued  at  that  time  were  not  secured  by 
gold  and  silver.  The  people  knew  that  paper  money  with- 
out gold  or  silver  to  back  it  was  worthless.  The  conse- 
quence was  that  the  people  were  afraid  to  take  it.  It 
depreciated  to  an  alarming  extent,  and  the  value  of  com- 
modities became  enhanced. 

So  much  paper  money  was  issued  during  the  Civil  War 


120 


CIVIL   GOVERNMENT. 


that  one  dollar  in  paper  was  worth  but  thirty-three  cents  in 
coin.  The  result  of  this  was  that  in  a  few  years  all  the  coin 
disappeared  and  only  paper  was  used.  The  notes  issued 
by  the  government  at  this  time  were  called  "  greenbacks," 
because  the  backs  of  the  notes  were  printed  in  green  ink. 
Business  for  many  years  was  paralyzed.  Finally,  in  1879, 
Congress  authorized  the  Treasurer  of  the  United  States  to 
say  that  all  paper  money  would  be  taken  and  specie,  or  coin, 
given  for  it  at  the  Treasury.  This  was  termed  the  "  Re- 
sumption of  Specie  Payment."  It  had  the  effect  of  im- 
proving the  business  of  the  country. 

Congress  has  the  power  of  fixing  the  value  of  foreign 
coins,  and  it  has  done  so. 


Country. 

Name  of  Coin. 

Value  in  United 
States. 

Enerland 

Sovereign,  or  Pound. 

Franc. 

Mark. 

Yen. 

$4.86 

France 

.193 

Germany 

Japan 

.238 
.997 

Merchants  of  this  country  carry  on  commerce  with  all 
parts  of  the  world.  When  a  merchant  wishes  to  buy  tea 
in  Japan  the  price  is  quoted  in  that  country's  money.  He 
must  know  the  value  of  Japanese  money  in  order  to  decide 
whether  the  price  is  suitable  for  him  to  buy  or  not.  The 
value  of  foreign  money  is  fixed  by  Congress  as  a  conve- 
nience to  merchants  who  buy  in  foreign  countries  and  to 
travellers  who  journey  in  foreign  lands. 

Weights  and  Measures. — America  being  settled  mostly 
by  Englishmen,  many  of  the  English  customs  were  brought 
over  by  them.    Among  these  was  the  system  of  weighing 


POWERS   GRANTED   TO   CONGRESS.  121 

and  measuring  in  vogue  in  England.  No  attempt  has  been 
made  to  alter  these,  although  Congress  has  the  power  to 
do  so.  At  the  present  time  these  systems  are  so  firmly- 
intrenched  as  the  result  of  several  centuries  of  use  that  to 
change  them  would  cause  an  upheaval  in  the  business 
world.  Two  such  important  nations  as  England  and  the 
United  States  possessing  the  same  standard  of  weighing  and 
measuring  simplifies  commerce  to  a  great  degree. 

There  is  another  system  of  weights  and  measures  in  use 
in  nearly  all  countries  except  England  and  the  United  States. 
It  is  called  the  Metric  System,  and,  like  our  system  of  money, 
is  based  on  decimals.  It  is  also  in  general  use  by  scien- 
tific men  of  this  country.  Some  Americans  have  advocated 
its  adoption  in  order  to  do  away  with  the  troublesome  and 
hard  English  tables.  Congress,  however,  has  simply  au- 
thorized the  use  of  the  metric  system,  but  has  never  insisted 
upon  its  compulsory  application.  The  advantages  claimed 
for  this  system  are : 

1.  The  facility  with  which  it  can  be  learned. 

2.  Its  use  by  many  nations  makes  it  more  universal  than  the 
English  system. 

3.  It  simplifies  operations  in  arithmetic. 

Counterfeiting. 
6.  To  provide  for  the  punishment  of  counterfeiting  the 
securities  and  current  coin  of  the  United  States. 

Counterfeiting  is  a  serious  crime.  It  consists  in  the 
making  of  money  by  unauthorized  persons.  A  person 
who  makes  coin  or  paper  money,  unless  employed  by  the 
government  to  do  so,  is  guilty  of  that  crime,  and,  if  detected, 
may  be  fined  and  imprisoned. 

The  object  of  counterfeiters  of  coin  is  to  make  money 
with  little  precious  metal  in  it  and  then  to  pass  it  for  good 


122  CIVIL   GOVERNMENT. 

money,  thus  defrauding  the  people  and  enriching  them- 
selves. A  law  against  counterfeiting  the  securities  and 
coin  of  the  United  States  was  passed  by  Congress  in  1864. 
This  law  provides  a  penalty  of  a  maximum  fme  of  five 
thousand  dollars  and  imprisonment  for  a  period  not  ex- 
ceeding ten  years.  Foreign  coin  and  securities  are  pro- 
tected by  the  counterfeit  laws  of  our  country.  If  Congress 
had  not  the  power  to  punish  counterfeiters,  the  good  money 
would  disappear,  people  would  be  afraid  to  accept  or  change 
money,  and  business  would  be  paralyzed. 

Securities  are  paper  money  or  government  bonds. 

Current  coin  is  that  which  is  circulating  or  in  use. 

The  money  of  a  country  changes  from  time  to  time. 
There  were  at  one  time  a  half-cent  and  a  two-cent  coin, 
also  a  three-cent,  a  five-cent,  and  a  twenty-cent  piece  of 
silver ;  but  these  have  been  withdrawn,  and  are  no  longer 
current.  There  would  be  no  gain  to  any  one  to  counterfeit 
coin  which  is  not  current,  as  no  one  would  accept  it. 

Post-Offlces. 
7.  To  establish  post-ofiQces  and  post-roads. 

Post-Oflaces. — The  place  where  mail  matter  is  received 
and  arranged  for  delivery  is  a  post-office. 

A  post-road  is  a  route  over  which  the  mail  is  carried. 
Before  railroads  and  steamships  came  into  use  it  was  neces- 
sary for  Congress  to  open  roads  between  different  places, 
but  now  there  is  no  necessity  for  this,  as  the  railroads  go  to 
almost  every  town  in  the  country. 

The  management  of  post-offices  is  under  the  control  of 
the  Postmaster-General,  who  was  made  a  cabinet  officer  in 
Jackson's  administration.  There  are  at  present  seventy 
thousand  post-offices.  The  progress  of  the  post-office  is 
shown  by  the  facility  with  which  the  mail  is  now  handled. 


POWERS  GRANTED  TO  CONGRESS.       123 

Formerly,  it  took  a  week  for  a  letter  to  go  from  Philadel- 
phia to  New  York ;  to-day,  a  letter  can  be  written  in  one 
of  these  cities  and  delivered  within  several  hours. 

Railroad  and  steamship  companies  receive  contracts  to 
carry  the  mail  to  distant  places.  By  arrangements  with 
foreign  countries  letters  are  quickly  delivered  in  almost  all 
parts  of  the  world. 

In  1851  it  cost  ten  cents,  later  reduced  to  six  cents,  to 
send  a  letter  from  New  York  to  California.  In  1863  the 
rate  was  reduced  to  three  cents  to  any  part  of  the  United 
States,  and  in  1883  to  two  cents.  Five  cents  is  charged  to 
send  a  letter  to  any  of  the  civilized  countries  of  the  world. 

Patents  and  Gopyrig-hts. 

8.  To  proraote  the  progress  of  science  and  useful  arts,  by 
securing  for  limited  times  to  authors  and  inventors  the  ex- 
clusive rights  to  their  respective  writings  and  discoveries. 

Copyrights. — When  a  person  spends  years  in  study  for 
the  purpose  of  writing  a  book  containing  his  best  thoughts, 
it  is  right  that  he  should  receive  all  the  credit  and  benefits 
attached  to  it.  If  he  published  the  work  and  every  publish- 
ing company  had  the  right  also  to  publish  it,  he  would 
receive  little  compensation  for  his  long  labor. 

In  order  to  encourage  study  and  to  protect  authors. 
Congress  has  given  to  writers  the  sole  privilege  of  pub- 
lishing their  works.     This  privilege  is  called  a  copyright. 

A  copyright  may  be  obtained  by  sending  one  dollar  with 
the  title-page  and  two  copies  of  the  work  to  the  Librarian 
of  Congress  at  Washington,  D.  C.  A  copyright  lasts  for 
twenty-eight  years,  and  at  the  expiration  of  that  time  may 
be  renewed  for  fourteen  years,  thus  securing  to  an  author 
protection  for  his  work  for  forty-two  years. 

The  writings   of  different  authors  of  a  country  taken 


124 


CIVIL   GOVERNMENT. 


'  Revolutionary 
period    .  .   . 


Literature 
of  Our 
Ooun  try- 


Birth  of  Ameri- 
can litera- 
ture in  Mon- 
roe's admin- 
istration   .  . 


Extension  of 
American 
literature  in 
Jackson's 
administra- 
tion  


Literature  in 
Buclianan's 
administra- 
tion  


Joseph  Rodman  Drake 

Fitz-Greene  Halleck  .  . 

Thomas  Paine 

Benjamin  Franklin  .   . 


American  Flag. 
Culprit  Fay. 

On    the    Death    of 

Drake. 
Marco  Bozzaris. 

Crisis. 


Thomas  Jefferson  .... 
William  Cullen  Bryant  . 
Washington  Irving   .  .  . 

James  Fenimore  Cooper . 
John  Greenleaf  Whittier 

Henry  W.  Longfellow .   . 

Oliver  Wendell  Holmes 
Nathaniel  Hawthorne 
George  Bancroft    ... 
William  H.  Prescott .  . 

John  Lothrop  Motley  . 

Ralph  Waldo  Emerson 
James  Russell  Lowell . 


/■  Autobiography. 
^  Poor  Richard's  Al- 
l     manac. 

f  Notes  on  Virginia. 
<  Declaration  of  Inde- 
(.     pendence. 


f  Thanatopsis. 
1  Green  River. 

(History  of  New 
York. 
Life  of  Columbus. 
Life  of  Washington. 

{The  Deerslayer. 
Last  of  the  Mohicans. 
The  Spy. 

f  Barbara  Frietchie. 

Snow-Bound. 
[  Among  the  Hills. 

(Evangeline. 
Hiawatha. 
Courtship  of    Miles 
Standish. 

r  Elsie  Venner. 
<  Autocrat  of  the 
(     Breakfast-Table. 

r  Scarlet  Letter. 
I  Twice-Told  Tales. 

f  Historyof  the  United 
I     States. 

Conquest  of  Mexico. 
Ferdinand  and  Isa- 
bella. 

Rise  of  the  Dutch 

Republic. 
Life  of  John  of  Bar- 

neveldt. 

f  Representative  Men. 
I  Essays. 

r  Biglow  Papers. 

I  Visionof  SirLaunfal. 


POWERS  GRANTED  TO  CONGRESS.        125 

collectively  form  the  literature  of  that  country.     American 
literature  is  the  writings  of  American  authors. 

In  1891  Congress,  by  arrangement  with  foreign  countries, 
secured  the  passage  of  an  International  Copyright  Law,  by 
which  American  authors  could  have  their  works  protected 
in  foreign  countries,  and,  in  return,  foreigners  could  secure 
copyrights  in  the  United  States. 

Patents. — A  patent  is  an  exclusive  right  to  an  invention 
or  an  improvement  of  an  invention.  Patents  are  secured 
from  the  Commissioner  of  Patents  at  Washington,  D.  C. 
A  plan  or  model  of  the  machine,  together  with  fifteen 
dollars,  must  be  sent  to  the  Patent-Office.  A  search  is  then 
made  through  the  records  to  see  whether  such  an  invention 
has  already  been  patented.  If  it  has  been,  the  fifteen 
dollars  paid  is  not  refunded,  but  if  no  such  article  has  been 
patented,  a  patent  is  granted  on  the  payment  of  twenty 
dollars  more.  This  gives  the  inventor  the  exclusive  right 
to  his  invention  for  a  period  of  seventeen  years.  At  the 
expiration  of  this  time  it  cannot  be  renewed. 

Patents  and  copyrights  may  be  sold  to  other  persons. 
At  the  expiration  of  a  copyright  or  patent  any  one  may 
publish  the  writing  or  manufacture  the  machine. 

We  have  good  reason  to  be  proud  of  our  country  in  the 
line  of  inventions.  America  has  given  to  the  world  some 
of  the  greatest  time-  and  labor-saving  machines.  Since 
the  beginning  of  our  government  there  have  been  issued 
over  three  hundred  thousand  patents.  To  this  list  there 
are  being  added  annually  not  less  than  twenty  thousand 
patents. 

A  few  of  the  many  inventions  made  in  the  United  States 
are  contained  in  the  following  table,  which  also  shows  the 
name  of  the  inventor  and  the  date  of  the  invention : 


126 


CIVIL   GOVERNMENT. 


Invention. 


Fireplace  and  Lightning-rod 

Kail  Machine 

Cotton  Gin 

Steam  Dredge 

Steamboat 

McCormick's  Keaper    .    .    . 

Screw  Propeller 

Magnetic  Telegraph  .... 

Kubber  Goods 

Sewing-machine 

Printing-press 

Iron-clad  War-ships .... 

Submarine  Cable 

Electric  Light 

Telephone 

Phonograph 


Inventor. 


Benjamin  Franklin. 
Jacob  Perkins. 
Eli  Whitney. 
Oliver  Evans. 
Eobert  Fulton. 
Cyrus  McCormick. 
John  Ericsson. 
Samuel  F.  B.  Morse. 
Charles  Goodyear. 
Elias  Howe. 
Kichard  Hoe. 
John  Ericsson. 
Cyrus  Field. 
Thomas  A.  Edison. 
Alex.  Graham  Bell. 
Thomas  A.  Edison. 


Year. 


1742  and  1760 

1790 

1793 

1803 
~       1807 

1834 

1836 

1844 

1844 

1846 

1847 

1863 
1858  and  1866 

1876 

1876 

1877 


Promotion  of  Science. — Congress  shows  its  interest  in 
science  and  the  useful  arts  by  encouraging,  from  time  to  time, 
the  holding  of  large  fairs,  where  different  articles  from  the 
various  States  and  countries  are  exhibited.  Large  sums  of 
money  are  appropriated  by  Congress  for  this  purpose. 

1.  Crystal  Palace,  Kew  York,  1853. 

2.  Centennial,  Philadelphia,  1876. 

3.  Cotton  Centennial,  New  Orleans,  1884. 

4.  World's  Fair,  Chicago,  1893. 

5.  Omaha  Exposition,  Omaha,  1898. 

6.  National  Export  Exposition,  Philadelphia,  1899. 

The  Smithsonian  Institution. — Congress  further  shows 
its  interest  in  science  by  making  appropriations  to  the 
Smithsonian  Institution.  This  is  located  in  Washington, 
D.  C. 


Exhibitions  in 
United  States. 


POWERS   GRANTED   TO    CONGRESS. 


127 


It  was  organized  in  accordance  with  the  terms  of  the  will 
of  James  Smithson,  an  Englishman,  who  left  five  hundred 
thousand  dollars  to  the  United  States  for  the  purpose.  It 
was  accepted  by  the  government  in  1846,  when  an  act  was 
passed  which  provided  for  the  carrying  out  of  the  provisions 
of  the  will. 

In  this  building  are  rooms  containing  excellent  specimens 
of  various  objects, — such  as  minerals,  plants,  and  works  of 
art.  Investigations  in  science  are  carried  on,  the  results  of 
which  are  printed  and  distributed  throughout  the  world. 
The  building  also  contains  libraries,  lecture-rooms,  and 
laboratories. 

Inferior  Tribunals. 
9.  To  constitute  tribunals  inferior  to  the  Supreme  Oourt. 

Inferior  Courts. — A  tribunal  is  a  court  of  justice ;  a  place 
where  the  laws  of  the  country  are  explained ;  where  crimi- 
nals are  tried  and  punished. 

When  the  Constitution  was  made  it  provided  for  one 
Supreme  Court.  It  was  impossible  to  see  into  the  future, 
hence,  when  the  business  of  the  country  requires  it.  Con- 
gress is  given  the  power  to  establish  additional  courts.  At 
this  time  one  Supreme  Court  would  be  entirely  insufficient 
to  deal  with  all  cases  that  arise  in  the  several  States.  The 
Supreme  Court  is  the  highest.  Lower  courts  have  been 
established  to  try  the  minor  cases  and  thus  prevent  too 
many  cases  being  taken  to  the  Supreme  Court. 


Oo\u*ts  of  the  United  States. 


Supreme  Court,  1. 

Circuit  Courts,  9. 

District  Courts,  65. 

Court  of  District  of  Columbia,  1. 

Court  of  Claims,  1. 


6.  Court  for  each  Territory,  3. 


128  CIVIL   GOVERNMENT. 

Piracies,  Felonies,  etc. 

10.  To  ideflne  and  punish  piracies  and  felonies  conunitted 
on  the  high  seas,  and  offences  against  the  La-w  of  Nations. 

Piracy  and  Felony. — Piracy  is  the  act  of  plundering 
vessels  at  sea.     Felony  is  any  crime  of  a  serious  nature. 

Piracy  can  only  be  committed  on  the  sea,  but  felony  may 
be  committed  both  on  land  and  sea.  Felony  is  not  a  special 
crime  but  the  class  name  of  many  crimes, — such  as  murder, 
burglary,  arson,  perjury,  and  forgery.  When  crimes  are 
committed  on  land,  it  is  easy  to  say  where  the  person  or 
persons  shall  be  tried  and  punished.  When  a  crime  is  not 
committed  on  land.  Congress  alone  has  the  power  to  say 
where  the  trial  shall  be  held  and  what  punishment  shall 
be  inflicted.     The  punishment  for  piracy  is  death. 

From  1700  to  1800  piracy  flourished  in  different  parts 
of  the  world.  As  late  as  1804  the  rulers  of  Tripoli  and 
the  other  Barbary  States  engaged  in  this  nefarious  business. 
They  maintained  vessels  which  sailed  on  the  Mediterranean 
Sea  and  demanded  tribute  from  other  vessels.  If  tribute 
were  not  paid,  the  vessel  was  taken  and  the  crew  sold  as 
slaves.  In  1804  the  United  States  declared  war  against 
Tripoli,  and  in  a  short  time  the  Mediterranean  was  freed 
from  these  destroyers  of  commerce. 

Law  of  Nations  is  a  body  of  laws  agreed  to  by  civilized 
nations  on  certain  subjects.  If  offences  against  these  laws 
could  not  be  punished  they  might  as  well  be  repealed. 
Each  nation  agreeing  to  the  Law  of  Nations  is  responsible  for 
its  enforcement. 

War— Marque  and  Reprisal. 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal, 
and  make  rules  concerning  captures  on  land  and  water. 

"War. — A  declaration  of  war  is  a  resolution,  passed  by 
Congress  and  signed  by  the  President,  stating  that  war 


POWERS   GRANTED   TO    CONGRESS.  129 

exists  between  this  country  and  some  other.  A  declaration 
of  war  is  not  necessary  to  begin  hostilities.  Sometimes  the 
relations  between  two  countries  are  greatly  strained.  The 
people  on  either  side  are  so  excited  that  they  commit  some 
act  which  is  really  an  insult  to  the  other  nation.  In  such 
cases  the  flag  is  insulted,  mobs  rush  on  the  residence  of  the 
consul  and  attempt  to  destroy  it,  and  frequently  the  con- 
sul is  personally  insulted.  At  other  times,  the  cause  may 
be  with  the  government.  The  minister  from  the  opposing 
country  is  given  his  passports,  which  is  but  another  sign 
that  the  countries  are  about  to  begin  war. 

At  the  beginning  of  the  nineteenth  century  France  was 
engaged  in  a  war  with  England.  The  French  seized  many 
American  merchant  vessels,  and  the  cargoes  and  ships 
were  used  for  the  benefit  of  France.  In  after-years  a 
claim  was  made  by  the  United  States  against  France  to 
repair  the  damage.  The  French  promised  to  pay  the  United 
States  five  million  dollars.  Up  to  Jackson's  administra- 
tion this  promise  had  not  been  kept,  and  Jackson  asked 
Congress  to  authorize  the  seizure  of  French  ships  to  make 
up  the  amount.  Before  this  scheme  could  be  resorted  to 
the  amount  was  paid.  Had  Jackson's  recommendation 
been  carried  out,  war  would  have  been  the  result,  and  a 
formal  declaration  of  war  would  have  been  useless. 

A  declaration  of  war  may  contain  the  reasons  why  a  war 
is  about  to  begin,  or  it  serves  to  give  notice  to  other  countries 
that  a  state  of  war  exists  between  or  among  certain  nations. 

Declaration  of  the  War  of  1812. 
**  Be  it  enacted,  that  war  be,  and  the  same  is  hereby,  declared  to 
exist,  between  the  United  Kingdom  of  Great  Britain  and  Ireland,  and 
the  dependencies  thereof,  and  the  United  States  of  America  and  their 
Territories  ;  and  that  the  President  of  the  United  States  is  hereby 
authorized  to  use  the  whole  land  and  naval  force  of  the  United  States 

9 


130 


CIVIL   GOVERNMENT. 


to  carry  the  same  into  effect,  and  to  issue  to  private  armed  vessels  of 
the  United  States  commissions  or  letters  of  marque  and  general 
reprisal,  in  such  form  as  he  shall  think  proper,  and  under  the  seal  of 
the  United  States,  against  the  vessels,  goods,  and  effects  of  the  gov- 
ernment of  the  said  United  Kingdom  of  Great  Britain  and  Ireland  and 
the  subjects  thereof." 


In  Colonial  Times 

: 

1.  Various  Indian  wars. 

2.  French  and  Indian  War. 

3.  Kevolutionary  War. 

United  States  "Wars: 

War. 

Date. 

Cause. 

Result. 

1.  War  with 
Tripoli. 

1801- 
1805 

Attacks    by 
pirates    on 
American 
commerce. 

Piracy  stopped. 

2.  War  of 
1812. 

1812- 
1815 

Impressment  of 
American  sea- 

Impressment 
stopped. 

"Wars  of 

men. 

Our 

Country. 

3.  Mexican 
War. 

1846- 
1848 

Annexation    of 
Texas    and 
boundary  dis- 
pute. 

Boundary  fixed  at 
Kio  Grande.  Mex- 
ico was  paid  |15,- 
000,000. 

4.  Civil  War. 

1861- 
1865 

Nullification. 
Election    of 
Lincoln.     Se- 
cession   of 
States.      Fort 
Sumter.  Slav- 
ery. 

Union  above  the 
State.  Led  to  pas- 
sage of  Thirteenth 
Amendment,  which 
abolished  slavery  in 
the  United  States 
and  its  Territories. 

5.  War  with 
Spain. 

1898 

Kefusal  of  Spain 
to    evacuate 
Cuba.      The 
destruction  of 
the  "Maine." 
Kefusal  of 
Spain  to  desist 

Cuba,  Porto  Kico, 
Guam,  Philippine 
Islands,  and  Sulu 
Islands  lost  by 
Spain  and  placed 
under  control  of 
the  United  States. 

' 

from    cruel 
methods     of 
warfare. 

Spain  received 
$20,000,000  for  the 
Philippines. 

POWERS   GRANTED   TO   CONGRESS.  131 

Letters  of  Marque  and  Reprisal. — ^A  letter  of  marque 
and  reprisal  is  a  written  permission  from  the  government 
to  ship-owners  allowing  them  to  capture  vessels  of  the 
enemy.  Such  commissioned  vessels  are  known  as  priva- 
teers. The  captured  property  belongs  principally  to  the 
owners  of  the  privateers.  Suppose  you  had  a  strong  iron 
steamer,  and  war  broke  out,  you  could  ask  for  a  letter 
of  marque  and  reprisal,  equip  your  ship  with  cannon  and 
other  arms,  and  sail  the  ocean  until  you  met  a  weaker 
ship  of  the  enemy,  which  you  could  capture  and  bring 
into  port. 

When  many  ships  receive  these  letters  they  really  form 
a  second  navy  of  a  country,  and  the  commerce  of  the 
enemy  could  be  destroyed  in  a  short  tiipie  by  these  priva- 
teers. As  each  country  obtains  some  of  its  food  products 
and  other  supplies  from  foreign  countries,  the  damage  would 
be  great. 

Taking  ships  by  this  method  is  really  piracy ;  but,  as  it 
only  occurs  in  time  of  war,  and  as  the  government  grants 
these  letters,  the  holders,  if  captured,  cannot  be  hanged  or 
shot  as  pirates.    They  must  be  treated  as  prisoners  of  war. 

To  have  some  system  in  times  of  war,  Congress  is  given 
power  by  the  Constitution  to  make  rules  as  to  what  shall 
be  done  with  property  and  prisoners  captured  on  land  by 
the  army  and  on  the  sea  by  the  navy  and  privateers. 

Armies. 

12.  To  raise  and  support  armies,  but  no  appropriation  of 
money  to  that  use  shall  be  for  a  longer  term  than  two  years. 

Army. — Congress  has  the  power  to  declare  war.  To 
carry  on  a  war  an  army  and  navy  are  necessary,  so  we 
find  the  power  to  raise  and  maintain  these  also  delegated 
to  Congress.     Large  standing  armies  are  necessary  in  mon- 


132  CIVIL   GOVERNMENT. 

archies  to  keep  down  the  people.  They  are  also  necessary 
in  countries  having  large  colonial  possessions,  as  these  must 
be  guarded  to  prevent  rebellion.  To  prevent  a  large  stand- 
ing army  no  money  can  be  drawn  or  appropriated  by 
Congress  for  this  purpose  for  more  than  two  years. 

One-third  of  the  Senate  and  the  entire  House  of  Rep- 
resentatives are  elected  every  two  years.  This  enables  the 
people  to  give  or  refuse  their  consent  to  an  appropriation 
for  a  large  standing  army  by  voting  for  representatives 
who  will  carry  out  the  will  of  their  constituents.  If  the 
present  Congress  should  say  that  the  army  should  number 
two  hundred  thousand  men,  and  appropriate  the  money 
for  the  support  of  this  number,  the  army  would  be  very 
much  increased  and  the  expense  of  supporting  it  would  be 
great.  However,  at  the  end  of  the  terms  of  the  members 
of  Congress  the  people,  if  opposed  to  a  large  army,  could 
defeat  the  old  members  if  they  were  renominated,  and 
choose  new  representatives  who  would  carry  out  their 
wishes.  The  new  members  would  most  likely  make  a 
small  appropriation  for  the  support  of  the  army,  thus 
causing  the  number  of  men  in  the  army  to  be  decreased. 

At  present  Congress  appropriates  the  money  for  the 
army's  support  every  year. 

Military  Academy. — The  jpower  to  raise  armies  carries 
with  it  the  power  to  provide  for  the  training  of  those  who 
are  to  command  them.  Without  this  power  the  efficiency 
of  the  army  would  be  impaired.  As  early  as  1802  the 
necessity  for  providing  capable  officers  was  seen,  and  an 
academy  in  which  they  could  be  trained  in  the  science  and 
art  of  war  was  established  at  West  Point,  New  York. 

Each  State  and  Territory  can  send  as  many  pupils  to  the 
Military  Academy  as  they  are  entitled  to  members  in  the 


POWERS   GRANTED   TO    CONGRESS.  133 

House  of  Representatives.  One  pupil  is  allowed  the  Dis- 
trict of  Columbia.  The  President  has  the  right  to  appoint 
ten  pupils  from  any  part  of  the  country.  Whenever  a 
vacancy  occurs  in  the  Academy,  the  Representative  of  the 
district  in  which  the  vacancy  occurs  selects  a  new  pupil 
from  among  the  numerous  applicants. 

The  pupils  of  the  Academy  are  known  as  "  cadets." 
The  course  of  study  is  four  years,  at  the  end  of  which  time 
they  are  graduated,  and  receive  appointments  as  officers  in 
the  army. 

Navy. 
13.  To  provide  and  maintain  a  navy. 

Navy. — The  navy  is  the  collection  of  war-ships  which  a 
nation  needs  to  protect  its  fisheries,  coast,  and  commerce. 
A  navy  is  used  where  an  army  cannot  go.  In  war,  when 
the  army  and  navy  act  together  much  is  accomplished. 

There  is  no  two  years'  provision  under  the  navy,  be- 
cause a  navy  is  less  harmful  to  a  country  than  a  large 
standing  army.  The  navy,  moving  continually  from  place 
to  place,  is  seldom  near  home,  and,  as  a  rule,  is  free  from 
political  influence. 

Under  the  navy  are  included  navy-yards,  dry-docks,  coal- 
ing stations,  and  the  Naval  Academy  at  Annapolis.  The 
direction  of  the  navy  is  under  the  control  of  the  Secretary 
of  the  Navy,  who  is  a  cabinet  officer. 

The  navy  of  the  United  States  has  won  many  notable 
victories, — viz. : 

Paul  Jones,  "  Bonhomme  Richard"  and  "Serapis,"  in  the  Revo- 
lutionary War. 

Lieutenant  Decatur,  in  the  war  with  Tripoli,  1804. 
Captain  Hull,  "Constitution"  and  "Guerri&re,"  1812. 
Commodore  Perry,  Lake  Erie,  1813. 
Admirals  Farragut  and  Porter,  New  Orleans,  1862. 


134  CIVIL  GOVERNMENT. 

Captain  Worden,  «*  Monitor"  and  **Merrimac,"  1862. 
Captain  Winslow,  *'Kearsarge"  and  *' Alabama,"  1864. 
Admiral  Dewey,  Manila  Bay,  1898. 
Admirals  Sampson  and  Schley,  Santiago,  1898. 

The  Naval  Academy  bears  the  same  relation  to  the  navy 
as  the  Military  Academy  does  to  the  army.  It  is  to  pro- 
vide capable  officers  to  man  the  vessels  of  war.  The 
Academy  is  located  at  Annapolis,  Maryland,  and  was 
founded  in  1845.  Pupils  are  appointed  in  the  same  manner 
as  are  those  to  West  Point.  The  course  of  study  is  six 
years,  two  of  which  are  spent  in  sea-practice.  At  the  end 
of  the  course  some  of  the  graduates  receive  appointments 
in  the  navy. 

Land  and  Naval  Forces. 
14.  To  make  rules  for  the  government  and  regulation  of 
the  land  and  naval  forces. 

Government  of  Army  and  Navy. — The  money  for  the 
support  of  the  army  and  navy  is  drawn  from  the  National 
Treasury.  Both  the  army  and  navy  are  under  the  control 
of  national  officers,  hence  it  is  right  that  Congress  should 
have  the  power  to  make  rules  for  their  government. 

CaUingr  out  Militia. 
16.  To  provide  for  calling  forth  the  militia  to  execute  the 
laws  of  the  Union,  suppress  insurrections,  and  repel  in- 
vasions. 

Militia. — The  United  States,  like  other  nations,  is  some- 
times compelled  to  engage  in  war.  Our  country  having  but 
a  small  standing  army,  it  may  seem  strange  how  we  con- 
duct a  war  with  such  an  apparently  insufficient  number. 
Many  additional  men  are  secured  by  a  system  called  the 
"  militia,"  by  which  each  State  must  furnish  in  a  short  time 
a  large  number  of  troops.  The  militia  of  all  the  States 
forms  the  National  Guard. 


POWERS  GRANTED  TO  CONGRESS.        135 

A  militiaman  is  a  citizen  who  during  the  day  works  at 
his  vocation  but  gives  several  evenings  a  week  to  military 
drill.  He  is  simply  a  citizen  of  a  State  who  receives  in- 
struction in  the  use  of  weapons  and  in  military  tactics.  All 
the  militiamen  of  the  States  form  the  militia  system.  The 
militia  is  not  a  standing  army,  as  its  members  are  not  kept 
from  following  their  occupations. 

Advantages  of  the  Militia  System. — 1.  Very  little  money  is 
required  to  support  it,  as  its  members  receive  no  pay  unless  engaged 
in  actual  service.  Therefore,  while  other  countries  must  increase 
their  taxes  to  support  their  standing  armies,  this  expense  is  saved 
to  us,  thus  making  lower  taxes  possible. 

2.  During  the  different  wars  it  has  been  found  that  the  militia,  al- 
though not  as  thoroughly  trained  as  the  regulars,  are  brave  soldiers. 

3.  In  foreign  countries,  soldiers  in  the  different  cities  are  con- 
tinually fighting  with  the  citizens.  In  our  country,  soldiers  are  seldom 
seen,  and  disputes  between  them  and  the  citizens  are  of  rare  occurrence. 

4.  Men  in  a  standing  army  do  very  little  towards  the  improve- 
ment of  a  country  from  a  commercial  stand-point  in  times  of  peace. 
They  are  really  idlers.  By  the  system  of  militia,  thousands  of  men 
are  also  engaged  in  manufacturing  and  commerce,  in  tilling  the  soil, 
or  are  otherwise  employed  in  some  useful  occupation. 

Comparison  of  the  Militia  and  the  Regular  Army.— 
1.  The  militia  receive  no  pay ;  the  regulars  receive  a  fixed  monthly 
salary. 

2.  The  militia  is  for  the  defence  of  a  State,  and  of  the  United  States 
when  conditions  require  ;  the  regulars  are  United  States  soldiers. 

3.  The  regulars  are  better  drilled,  but  the  militia  soon  improve 
when  in  actual  service. 

4.  The  regulars  are  always  ready  to  act  j  it  requires  one  or  two 
days  to  get  the  militia  ready. 

The  militia,  although  they  are  State  soldiers,  are  under 
the  control  of  the  President  and  Congress.  They  may  be 
called  into  the  United  States  service  to : 


136  CIVIL   GOVERNMENT. 

1.  Execute  the  laws  of  the  Union. 

2.  Suppress  insurrections. 

3.  Repel  invasions. 

The  militia  of  the  different  States  have  been  called  upon 
to  execute  the  laws  of  the  Union  upon  these  occasions : 

Whiskey  Rebellion,  1794. 
War  with  England,  1812. 
War  with  Mexico,  1846. 
Civil  War,  1861-1865. 
War  with  Spain,  1898. 

An  insurrection  is  an  uprising  of  people  in  a  State  against 
its  authority,  and  is  generally  caused  by  dissatisfaction  with 
some  law  or  laws. 

In  1794  the  people  of  Western  Pennsylvania  were  ex- 
tensively engaged  in  the  manufacture  of  whiskey.  The 
government  was  in  urgent  need  of  funds,  and  Alexander 
Hamilton  proposed  a  tax  on  whiskey  to  increase  the  revenue 
of  the  country.  The  men  in  Pennsylvania  refused  to  pay 
this  tax.  Washington  called  out  the  militia  of  Pennsylvania, 
Virginia,  and  Maryland  to  suppress  the  insurrection.  When 
the  troops  arrived  the  distillers  obeyed  the  law. 

Org-anizing",  arming,  and  disciplining  Militia. 

16.  To  provide  for  organizing,  arming,  and  disciplining  the 
militia,  and  for  governing  such  part  of  them  as  may  be  em- 
ployed in  the  service  of  the  United  States,  reserving  to  the 
States  respectively  the  appointment  of  the  oflBcers,  and  the 
authority  of  training  the  militia  according  to  the  discipline 
prescribed  by  Congress. 

Militia  under  Congress. — As  the  militiamen  of  the  States 
become,  at  times,  soldiers  of  the  United  States,  it  is  very 
necessary  that  they  should  be  like  the  regular  army  in  as 
many  respects  as  possible.     A  militia  and  a  regular  regiment 


POWERS   GRANTED   TO    CONGRESS.  137 

of  the  United  States  army  might  have  to  act  together,  and 
if  they  understood  commands  in  different  ways  little  im- 
pression would  be  made  upon  the  enemy.  To  secure  har- 
mony between  the  militia  and  the  army,  Congress  has  con- 
trol of  the  organizing,  arming,  and  disciplining  of  both. 
Under  organization  Congress  fixes  the  following : 

1.  The  number  of  men  in  a  company. 

2.  The  number  of  companies  in  a  regiment. 

3.  The  number  of  regiments  in  a  brigade. 

4.  The  number  of  brigades  in  a  corps. 

5.  The  officers  for  each. 

The  militiamen,  it  must  not  be  forgotten,  are  State  sol- 
diers ;  they  become  national  soldiers  only  when  called  upon 
to  perform  some  service  for  the  government  of  the  United 
States.  Congress  makes  rules  for  their  training,  and  the 
officers  train  them  according  to  these  rules.  When  the 
militia  is  in  the  national  service  and  an  officer  dies  or  re- 
signs, the  Governor  of  the  State  from  which  the  militia 
comes  appoints  a  new  man.  This  is  manifestly  proper, 
because  the  men  in  the  militia  regiment  generally  come 
from  the  same  district  or  locality  and  know  each  other  per- 
sonally; hence,  if  the  President  should  appoint  a  perfect 
stranger  from  another  part  of  the  country  to  command 
them,  the  men  might  become  dissatisfied. 

Exclusive  Legrislation  over  District  of  Columbia,  etc. 
17.  To  exercise  exclusive  legislation,  in  all  cases  -what- 
soever, over  such  district  (not  exceeding  ten  miles  square) 
as  may,  by  cession  of  particular  States,  and  the  accept- 
ance of  Congress,  become  the  seat  of  the  government  of 
the  United  States,  and  to  exercise  hke  authority  over  all 
places  purchased  by  the  consent  of  the  Legislature  of 
the  State  in  which  the  same  shall  be,  for  the  erection  of 
forts,  magazines,  arsenals,  dock-yards,  and  other  needful 
buildings. 


138  CIVIL   GOVERNMENT. 

Seat  of  Government. — ^This  clause  relates  to  the  place 
where  the  Capital  of  the  country  may  be  located.  "  To 
exercise  exclusive  legislation"  means  that  Congress  shall 
have  full  power  to  direct  the  affairs  of  the  land  occupied  by 
the  Capital.  The  land  occupied  by  the  government  must 
necessarily  be  in  some  State.  If  the  State  had  control  over 
such  district  laws  might  be  made  which  would  seriously 
interfere  with  the  free  working  of  the  national  government. 
To  prevent  the  authorities  of  the  State  from  clashing  with 
the  authorities  of  the  nation,  the  control  of  the  district 
occupied  by  the  government  is  separated  from  the  State 
and  put  in  charge  of  the  nation. 

In  order  that  the  seat  of  government  of  the  United  States 
may  not  occupy  too  much  territory  of  a  State,  its  area  is 
expressly  prohibited  from  being  more  than  ten  miles  square, 
or  one  hundred  square  miles  in  area. 

The  District  of  Columbia  is  neither  a  State  nor  a  Territory, 
but  is  under  the  direct  supervision  of  Congress.  The  people 
in  the  District  have  no  representation  in  Congress,  nor  do 
they  vote. 

To  have  the  capital  of  the  nation  within  any  State  is  a 
great  honor,  and  many  States  would  willingly  donate  land 
for  this  purpose.  Any  land  for  this  use  must  be  given  first 
by  the  State  to  the  United  States,  and  then  accepted  by 
Congress.  The  District  of  Columbia  was  originally  ten 
miles  square,  and  was  situated  in  Maryland  and  Virginia. 
The  part  ceded  by  Virginia  was  returned  to  that  State,  so 
that  the  present  site  is  only  on  the  Maryland  side  of  the 
Potomac  River.  The  District  of  Columbia  is  only  seventy 
square  miles  in  area.  The  site  of  the  present  city  of  Wash- 
ington was  selected  by  the  man  whose  name  it  bears.  In 
1814  the  Capitol  was  burned  by  the  British,  but  it  was  soon 
rebuilt  and  made  more  beautiful. 


POWERS   GRANTED   TO   CONGRESS.  139 

CAPITALS  OP  THE  UNITED  STATES. 


City. 

State. 

Year. 

Congress. 

1.  Philadelphia    . 

Pennsylvania. 

1776 

Second  Continental  Congress. 

2.  Baltimore     .    . 

Maryland. 

1776 

Second  Continental  Congress. 

3.  Philadelphia   . 

Pennsylvania. 

1777 

Second  Continental  Congress. 

4.  Lancaster     .   . 

Pennsylvania. 

1777 

Second  Continental  Congress. 

5.  York     .... 

Pennsylvania. 

1777 

Second  Continental  Congress. 

6.  Philadelphia   . 

Pennsylvania. 

1778 

Second  Continental  Congress. 

7.  Princeton     .   . 

New  Jersey. 

1783 

Second  Continental  Congress. 

8.  Annapolis    .    . 

Maryland. 

1783 

Second  Continental  Congress. 

9.  Trenton    .   .   . 

New  Jersey. 

1784 

Second  Continental  Congress. 

10.  New  York  .   . 

New  York. 

1785- 
1790 

National  Congress. 

11.  Philadelphia    . 

Pennsylvania. 

1791- 
1800 

National  Congress. 

12.  Washington    . 

District  of 
Columbia. 

1800- 

National  Congress. 

Two  things  are  necessary  to  acquire  land  for  national 
purposes  in  any  State, — namely : 

1.  The  consent  of  the  Legislature  of  the  State. 

2.  The  consent  of  Congress. 

For  its  various  purposes  Congress  frequently  buys  land 
in  the  different  States.    Such  land  is  needed  for : 

1.  Forts. 

2.  Arsenals. 

3.  Dock-yards. 

4.  Post-offices. 

5.  Custom-houses. 

6.  Public  parks. 

7.  Mints. 


140  CIVIL   GOVERNMENT. 

The  land  bought  by  Congress  becomes  United  States 
property.  All  disputes  about  such  land  and  all  crimes 
committed  within  its  boundaries  must  be  tried  in  the  United 
States  courts. 

The  restriction  of  territory  to  one  hundred  square  miles 
relates  only  to  the  seat  of  government.  Congress  may  pur- 
chase larger  tracts  of  land  than  this  for  other  purposes. 
The  Yellowstone  Park  belongs  to  the  government  of  the 
United  States,  and  contains  about  three  thousand  five  hun- 
dred and  seventy-five  square  miles.  This  is  under  the 
control  of  the  Secretary  of  the  Interior. 

A  fort  is  a  strengthened  place  supplied  with  heavy  arms. 
It  is  generally  situated  at  the  entrance  of  a  city  for  its  pro- 
tection. 

An  arsenal  is  a  place  where  ammunition  and  arms  are 
manufactured  and  stored. 

A  dock-yard  is  a  place  located  in  a  harbor.  It  is  used  as 
a  station  for  war-ships. 

A  post-office  is  a  place  where  mail  matter  is  received  and 
assorted  for  delivery. 

A  custom-house  is  an  office  where  taxes  levied  upon 
foreign  or  domestic  goods  are  payable. 

A  public  park  is  a  large  tract  of  land  set  apart  for  the  use 
of  the  people.  These  places  are  bought  either  for  historical 
interest  or  for  their  natural  beauty ;  for  instance,  Chicka- 
mauga  and  Gettysburg  for  their  historical  value  and  Yellow- 
stone Park  for  its  beauty. 

A  mint  is  a  building  where  the  coin  of  the  country  is 
manufactured.  Philadelphia,  San  Francisco,  New  Orleans, 
and  Carson  City  have  mints. 

Power  given  to  enforce  Constitution. 
18.  To  make  all  laws  which  shall  be  necessary  and  proper 
for  carrying  into  execution  the  foregoing  powers,  and  all 


POWERS   GRANTED   TO    CONGRESS.  141 

other  po"w^ers  vested  by  this  Constitution  in  the  govern- 
ment of  the  United  States,  or  in  any  department  or  oflQcer 
thereof. 

Congress  and  the  Enforcement  of  the  Constitution. — 
The  principal  reason  why  the  Articles  of  Confederation 
were  a  failure  was  that  Congress  had  absolutely  no  power 
to  compel  the  people  of  the  country  to  obey  the  laws  made 
by  it.  A  right  to  do  anything  without  power  for  its  execu- 
tion really  amounts  to  nothing.  Had  this  clause  been  in 
the  Articles,  possibly  the  necessity  for  a  new  form  of  gov- 
ernment would  not  have  been  so  greatly  needed.  The 
Articles  with  this  addition  would  have  been  much  better, 
and  might  have  governed  the  States  for  many  years  longer. 

Under  the  preceding  seventeen  clauses  Congress  is  em- 
powered to  perform  different  functions,  and  to  make  no 
mistake  in  regard  to  these,  this  clause  is  especially  placed  in 
the  Constitution.  It  is  simply  a  repetition  of  the  different 
powers. 

The  clause  has  been  called  the  '*  elastic  or  sweeping 
clause,"  because  it  can  be  extended  to  almost  anything. 
When  Hamilton  attempted  to  establish  a  national  bank  in 
1791  and  proposed  his  funding  system  many  people  ob- 
jected, saying  that  the  right  to  establish  these  was  nowhere 
mentioned  in  the  Constitution.  Hamilton  quoted  this 
clause.  In  no  part  of  the  Constitution  is  Congress  given 
the  right  to  purchase  territory,  yet  under  this  clause  the 
following  tracts  came  under  the  jurisdiction  of  the  govern- 
ment : 

1.  Louisiana,  bought  by  Jefferson,  1803. 

2.  Florida,  secured  in  1819. 

3.  Part  of  Mexico,  purchased  by  Gadsden,  1853. 

4.  Alaska,  bought  in  1867. 

6.  Philippines,  acquired  in  1898. 


142  CIVIL   GOVERNMENT. 

The  clause  means  that  for  the  purpose  of  executing  the 
different  powers  granted  to  it  by  the  Constitution,  Congress 
may  have  the  authority  to  pass  any  law.  It  also  means 
that  Congress  may  do  anything  that  will  promote  the  gen- 
eral welfare  of  the  country. 

SUMMAKY. 

1.  The  various  subjects  on  which  Congress  may  make  laws  are 
mentioned  in  the  Constitution. 

2.  Taxes  are  needed  in  every  country  to  raise  money  to  defray  its 
expenses.     In  the  United  States  all  taxes  must  be  uniform. 

3.  Congress  has  power  to  borrow  money,  to  regulate  commerce,  to 
establish  post-offices,  to  grant  patents  and  copyrights. 

4.  Many  foreigners  come  to  our  shores  with  the  intention  of  be- 
coming permanent  residents.  They  should  have  the  same  political 
rights  as  our  own  people.  To  have  these  they  must  be  naturaUzed. 
Naturalization  is  under  the  control  of  Congress. 

5.  One  kind  of  money  is  desirable  for  all  parts  of  the  same  country. 
To  secure  uniformity  the  power  to  coin  money  is  delegated  to  Congress. 
If  any  one  else  coins  money  he  does  so  without  authority,  and  com- 
mits a  crime  known  as  counterfeiting. 

6.  Whenever  the  business  of  the  United  States  courts  becomes  so 
great  as  to  require  assistance,  other  courts  may  be  established  by  Con- 
gress. 

7.  Crimes  committed  on  sea  shall  be  punished  as  well  as  those  per- 
petrated on  land.  This  is  provided  for  by  the  power  given  to  Congress 
to  punish  piracies  and  felonies. 

8.  All  matters  pertaining  to  war  are  in  the  hands  of  Congress : 
declaring  war,  granting  letters  of  marque  and  reprisal,  making  rules 
concerning  captures,  raising  armies,  providing  for  a  navy,  calling  out 
the  militia,  and  providing  for  the  organization  and  discipline  of  the 
militia. 

9.  United  States  property  and  territory  are  under  the  control  of 
Congress. 

10.  To  make  laws  and  not  have  power  to  execute  them  is  useless,  as 
they  will  not  be  obeyed.  All  power  necessary  to  execute  a  law  is  pos- 
sessed by  Congress. 


POWERS   GRANTED   TO   CONGRESS.  143 

QUESTIONS. 

1.  What  is  taxation?    Why  is  proper  taxation  just? 

2.  The  United  States  once  had  a  war  with  England  over  taxation. 
Why  were  we  right  in  fighting  ? 

3.  Write  the  names  of  the  different  kinds  of  taxes. 

4.  What  is  duty  ?    Name  the  varieties. 

5.  Explain  the  derivation  of  the  word  ♦*  tarifT." 

6.  Write  a  brief  description  of  the  various  troubles  which  were  due 
to  taxes  and  taxation. 

7.  What  does  the  Constitution  say  about  borrowing  money,  com- 
merce, naturalization,  and  bankruptcy? 

8.  Explain  an  advantage  and  a  disadvantage  of  immigration. 

9.  In  what  way  is  naturalization  beneficial,  and  how  is  it  harmful  ? 

10.  Give  the  clauses  pertaining  to  money,  counterfeiting,  and  post- 
offices. 

11.  The  makers  of  the  Constitution  made  great  efforts  to  have  cer- 
tain matters  uniform.  Take  money  as  an  illustration  and  show  the 
benefits  derived  from  uniformity  on  this  subject. 

12.  Explain  ad  valorem  duty,  tariff,  nullification,  commerce,  coin, 
naturalization. 

13.  In  what  manner  do  patents  and  copyrights  promote  ' '  the  prog- 
ress of  science  and  the  useful  arts"  ? 

14.  What  power  has  Congress  over  tribunals  ? 

16.  Why  should  Congress  have  the  power  to  declare  war  ? 

16.  What  is  a  declaration  of  war? 

17.  Of  what  advantage  to  a  nation  is  it  to  issue  letters  of  marque 
and  reprisal  ? 

18.  If  Congress  has  power  to  declare  war,  what  other  powers  neces- 
sary to  carry  on  a  war  should  be  given  to  that  body  ? 

19.  Militia:  (a)  What  is  meant  by  the  term?  (b)  What  are  the 
advantages  derived  from  a  militia  system?  (c)  Make  a  comparison 
with  the  regular  army,  (d)  On  what  occasions  has  it  been  called 
into  service  ?  (e)  What  power  has  Congress  over  it  ?  (/)  What  power 
has  the  State  over  it  ? 

20.  What  power  has  Congress  over  government  property  ? 

21.  Of  all  the  powers  of  Congress  give  the  most  important  one. 

22.  Explain  literature,  tribunal,  felony,  militia,  capital,  piracy. 


CHAPTER    X. 

PCWERS   DENIED   TO   CONGRESS  AND    TO   THE 
STATES. 

Limitation  of  the  Powers— Migration  of  Slaves. 

Sec.  IX.  1.  The  migration  or  importation  of  such  persons 
as  any  of  the  States  no"w  existing  shall  think  proper  to 
admit,  shall  not  be  prohibited  by  the  Congress  prior  to  the 
year  one  thousand  eight  hundred  and  eight,  but  a  tax  or 
duty  may  be  imposed  on  such  importation,  not  exceeding 
ten  dollars  for  each  person. 

What  Congress  cannot  do. — We  have  just  studied  the 
different  subjects  upon  which  Congress  can  make  laws. 
There  are  some  subjects,  however,  which,  if  laws  were 
made  regarding  them,  would  be  injurious  to  the  people. 
Our  country  is  very  different  from  a  monarchy,  and  laws 
which  would  be  for  the  benefit  of  the  latter  would  be 
harmful  to  the  former.  In  order  that  the  rights  of  the 
people  shall  be  protected  the  Constitution  prescribes  some 
questions  over  which  Congress  has  no  power. 

Slave-Trade. — The  word  slavery  is  mentioned  but  twice 
in  the  Constitution.  It  was  considered  disgraceful  to  have 
slavery  in  a  civilized  country,  hence  the  use  of  the  word 
"  slavery"  was  avoided.  "  Such  persons"  in  this  clause  is 
the  manner  in  which  the  makers  of  the  Constitution  referred 
to  slaves. 

The  "  migration  or  importation"  means  the  bringing  in 
and  selling  of  slaves.  The  slave-trade  which  was  begun  in 
1620  could  be  carried  on  without  interference  by  Congress 

144 


POWERS   DENIED   CONGRESS   AND   STATES.  145 

until  the  year  1808.  This  does  not  infer  that  slavery  should 
cease  in  the  United  States,  but  simply  the  bringing  in  of 
slaves  from  foreign  countries  could  be  stopped  in  1808.  A 
tax,  however,  of  any  amount  of  money  not  exceeding  ten 
dollars  for  each  slave  brought  into  the  country,  could  be 
laid  while  the  slave-trade  continued.  When  it  ceased  to 
exist  the  tax  also  ceased. 

In  the  Convention  of  1787  the  question  of  slavery  was 
very  much  discussed.  The  delegates  from  the  Southern 
States  said  that  the  Constitution  would  not  be  ratified  by 
their  States  unless  slavery  was  permitted  to  exist.  In  order 
to  secure  their  support  a  compromise  was  effected,  allowing 
the  slave-trade  to  continue  until  1808. 

In  accordance  with  this  clause.  Congress,  in  1807,  passed 
a  bill  which  became  a  law  stating  that  at  the  beginning  of  the 
year  1808  slave  traffic  must  cease.  Slavery  having  been 
entirely  abolished  as  a  result  of  the  Civil  War  and  the 
Thirteenth  Amendment,  this  clause  is  no  longer  operative, 
and  at  present  it  is  of  no  particular  value  as  a  part  of  the 
Constitution.  A  knowledge  of  it  is  useful  only  from  an 
historical  stand-point. 

Habeas  Corpus. 

2.  The  privilegre  of  the  writ  of  habeas  corpus  shall  not  bo 
suspended,  unless  when  in  cases  of  rebellion  or  invasion 
the  public  safety  may  require  it. 

Habeas  Corpus. — Many  parts  of  the  Constitution  are 
copied  after  the  laws  of  England.  This  is  to  be  expected, 
as  most  of  the  early  inhabitants  came  from  England,  bring- 
ing with  them  their  English  customs,  manners,  language, 
and  laws.  Most  of  these  laws,  of  course,  have  undergone 
much  change  to  suit  the  conditions  of  the  new  country. 
Some,  however,  have  been  copied  exactly.    Among  these 

10 


146  CIVIL   GOVERNMENT. 

is  the  writ  of  habeas  corpus^  which  was  passed  by  the  Eng- 
lish Pariiament  in  1679. 

This  writ  is  an  order  from  a  judge  given  to  a  friend  of  a 
person  charged  with  a  crime.  The  writ  is  served  upon  the 
person  who  has  the  prisoner  under  his  charge.  It  orders 
him  to  produce  the  body  or  prisoner  in  court.  The  judge 
after  hearing  the  case  decides  whether  the  prisoner  is  de- 
prived of  his  liberty  for  sufficient  reason.  If  there  be  suffi- 
cient cause  the  prisoner  is  sent  back  to  prison  to  await  his 
trial,  but  if  the  cause  be  insufficient  he  is  set  at  liberty. 
The  judge  does  not  attempt  to  find  out  whether  the  person 
is  guilty  or  innocent,  but  simply  decides  whether  the  evi- 
dence against  the  person  is  strong  enough  to  warrant  his 
detention  in  prison. 

The  object  of  this  clause  is  to  protect  people  from  unjust 
imprisonment.  In  England  at  one  time  people  were  fre- 
quently arrested  and  sent  to  prison  without  knowing  the 
reason  for  their  imprisonment.  These  persons  had  no 
remedy,  but  were  compelled  to  await  the  pleasure  of  the 
king. 

This  is  such  an  important  right  in  our  country  that  it 
can  never  be  refused  except  in  two  cases.  In  case  of  a 
rebellion  or  an  invasion  the  country  might  have  so  many 
enemies  within  its  territory  as  to  cause  its  ruin.  The 
enemies  might  be  arrested,  but  sufficient  evidence  might 
not  be  at  hand  in  so  short  a  time  to  convict  them ;  so  that 
these  persons  could  by  a  writ  of  habeas  corpus  obtain  their 
liberty  and  commence  the  evil  work  again.  In  such  cases, 
in  times  of  public  danger  and  excitement.  Congress  and  the 
President  can  refuse  to  grant  these  writs.  However,  when 
the  danger  is  removed,  they  must  again  be  issued.  In  1863 
President  Lincoln,  with  the  consent  of  Congress,  suspended 
the  writ. 


POWERS   DENIED   CONGRESS  AND   STATES.  147 

Example  of  a  Writ  of  Habeas  Corpus  Case. — John 
Walker,  who  was  recently  arrested  and  committed  to  prison, 
was  released  by  Judge  Jones  as  a  result  of  a  writ  of  habeas 
corpus.  The  testimony  showed  that  Walker  had  been  ar- 
rested on  a  street-car  by  a  detective.  A  watch  had  been 
stolen  from  a  passenger.  The  detective  thought  that  be- 
cause Walker  was  near  the  person  whose  watch  was  taken 
he  must  be  the  guilty  person.  There  being  no  evidence 
at  hand  to  show  that  Walker  committed  the  crime  or  even 
thought  of  committing  it,  he  was  discharged. 


BUls  of  Attainder  and  Ex  Post  Facto  Laws  prohibited. 

3.  No  bill  of  attainder  or  ex  post  facto  law  shall  be 
passed. 

Attainder. — A  bill  of  attainder  is  an  act  of  a  Legislature 
condemning  a  person  to  death  without  a  trial.  Attaint 
means  to  stain  or  disgrace.  A  person  against  whom  such 
a  bill  was  passed  in  olden  times  was  said  to  be  attainted  or 
disgraced.  All  the  property  of  the  victim  went  to  the 
treasury  of  the  king,  thus  preventing  the  victim's  relatives 
from  inheriting  any  of  his  money  or  property. 

This  power  in  the  hands  of  dishonest  men  could  be  fear- 
fully abused.  For  the  sake  of  increasing  the  money  in  the 
Treasury,  any  rich  man  for  supposed  crime  would  be  likely 
to  lose  his  life  without  even  having  an  opportunity  to  defend 
himself.  This  is  so  unjust  that  Congress  is  forbidden  to 
pass  such  a  bill. 

An  ex  post  facto  law  is  one  which  changes  a  law  that 
already  exists,  making : 

1.  An  act  a  crime  which  was  not  a  crime  when  committed,  or, 

2.  Increasing  the  punishment  attached  to  a  crime. 


148  CIVIL   GOVERNMENT. 

For  robbing  the  United  States  mail  Congress  fixes  a  cer- 
tain punishment, — two  years'  imprisonment.  A  man  com- 
mits this  crime  on  January  8  and  is  tried  for  the  offence  on 
January  25.  The  Congress  which  is  in  session  passes  a 
bill  which  becomes  a  law  on  January  10.  This  new  law 
says  that  one  found  guilty  of  committing  such  an  act  should 
be  sentenced  to  four  years'  imprisonment.  The  man  is 
found  guilty  of  the  offence.  Which  punishment  should  he 
receive,  two  or  four  years  ?  Four  years'  punishment  would 
be  ex  post  facto,  as  it  was  not  the  punishment  which  was  in 
force  when  the  crime  was  committed,  and  therefore  the 
imposition  of  such  a  punishment  would  be  very  unjust. 

In  Philadelphia  several  years  ago  wagons  and  vehicles  of 
every  description  were  allowed  to  travel  in  any  direction 
and  on  either  side  of  the  street.  This  led  to  frequent  col- 
hsions  and  loss  of  life.  A  law  requiring  all  vehicles  to 
travel  on  the  right  side  only,  and  fixing  a  penalty  for  its 
violation,  was  enacted.  Suppose,  now,  a  policeman  of  that 
city  remembered  that  a  certain  man  a  week  before  the  law 
was  made  had  driven  on  the  left  side  of  the  street.  Could 
he  be  punished  ?  Certainly  not.  It  would  be  ea;jpos^/ac^o, 
— i.e.,  it  would  be  making  an  act  a  crime  which  was  not  a 
crime  when  committed. 

Congress  is  not  allowed  to  pass  any  ex  post  facto  laws. 

Capitation  and  Other  Direct  Taxes. 

4.  No  capitation  or  other  direct  tax  shall  be  laid,  unless 
in  proportion  to  the  census  or  enumeration  hereinbefore 
directed  to  be  taken. 

Method  of  laying  Direct  Taxes. — A  direct  tax  is  one 
laid  directly  upon  the  people,  such  as  a  poll  tax  or  a  prop- 
erty tax.  "  Capitation"  means  so  much  per  head ;  it  is  a 
direct  tax, — a  certain  sum  being  laid  on  each  person. 


POWERS   DENIED   CONGRESS   AND   STATES.  149 

Census  and  enumeration  in  this  clause  have  the  same 
meaning  as  in  Article  I.,  Section  2,  Clause  3,  in  which  Con- 
gress is  compelled  to  take  the  population  of  all  States  every 
ten  years. 

Taxes  are  burdensome  to  the  people,  hence  great  care 
must  be  taken  in  deciding  the  manner  in  which  they  are 
laid.  They  must  be  equal.  When  one  person  is  compelled 
to  pay  more  for  the  support  of  the  government  than  another, 
dissatisfaction  is  caused.  Should  this  become  wide-spread, 
the  government  would  fmd  some  difficulty  in  suppressing 
it.  In  laying  direct  taxes  one  great  object  is  desired, — they 
should  be  the  same  in  all  States.  This  end  is  secured  by 
laying  such  taxes  according  to  population.  As  Pennsylvania 
contains  many  more  people  than  Maryland,  more  money 
would  be  received  from  the  former  State  than  from  the  latter. 

Exports  not  to  be  taxed. 

6.  No  tax  or  duty  shall  be  laid  on  articles  exported  from 

any  State. 

No  Preference  to  be  g-iven  to  Ports  of  any  State. 

6.  No  preference  shall  be  given  by  any  regulation  of  com- 
merce or  revenue  to  the  ports  of  one  State  over  those  of 
another;  nor  shall  vessels  bound  to  or  from  one  State  be 
obliged  to  enter,  clear,  or  pay  duties  in  another. 

Tax  on  Exports. — One  way  of  obtaining  money  is  by 
taxing  imports,  or  the  goods  brought  into  a  country.  Ex- 
ports are  goods  sent  out  of  the  country.  No  tax  can  be 
laid  on  articles  exported  from  any  State,  because : 

1.  It  might  injure  the  commerce  of  the  State. 

2.  It  would  be  difficult  to  fix  the  tax. 

The  products  and  manufactures  of  the  States  depend  on 
various  circumstances, — viz.,  on  their  location,  upon  the 
climate,  on  the  soil,  on  the  people,  on  ships,  railroads,  and 


150  CIVIL   GOVERNMENT. 

means  of  communication.  These  conditions  are  not  the 
same  in  all  States,  but  vary  in  each  one.  Because  of  these 
vast  differences,  each  State  is  unlike  the  others  in  regard  to 
products  and  manufactures.  Four  States  are  selected  to 
show  this : 

Maine. — Lumber  and  ice. 

New  York. — Manufactures  and  commerce. 

California. — Fruits  and  gold. 

Georgia. — Agriculture. 

Each  State  having  different  products,  it  would  certainly 
be  a  very  difficult  task  for  Congress  to  fix  a  just  tax  on 
the  several  articles.  If  the  tax  were  ten  cents  a  pound  on 
cotton,  what  should  it  be  on  lumber,  ice,  or  gold?  This 
would  be  a  perplexing  problem,  and  impossible  of  adjust- 
ment. 

Some  States  in  the  interior,  like  Kentucky,  Iowa,  Arkan- 
sas, Idaho,  or  Colorado,  have  little  commerce  and  export  few 
articles,  hence  the  people  in  these  States  would  pay  little  or 
no  export  tax,  while  States  like  Massachusetts,  New  York, 
Pennsylvania,  Maryland,  and  Georgia,  which  export  a  vast 
quantity  of  goods,  would  really  pay  the  larger  part  of  such 
a  tax. 

For  these  reasons  no  export  duty  can  be  laid  by  Congress. 

Commerce  and  Seaports. — "  A  regulation  of  commerce 
or*  revenue"  is  a  law  dealing  with  commerce  or  taxation. 
Laws  are  made  on  many  subjects.  They  are  sometimes 
given  names  from  the  subjects  with  which  they  deal. 
Requiring  vessels  to  have  life-preservers  on  board  would  be 
a  regulation  or  law  of  commerce.  A  tax  of  ten  per  cent, 
ad  valorem  on  diamonds  would  be  a  regulation  of  revenue. 

This  clause  requires  Congress  to  treat  every  seaport  alike, 
and  thus  prevents  the  giving  to  one  port  an  advantage  over 


POWERS  DENIED   CONGRESS   AND   STATES.  151 

another.  An  example  of  a  violation  of  this  clause  would 
be  the  following :  New  York  and  Philadelphia  both  import 
large  quantities  of  raw  sugar.  On  this  sugar  there  is  a  tax. 
Suppose  Congress  should  say  that  all  vessels  entering  the 
port  of  New  York  shall  pay  a  tax  of  eight  cents  a  pound 
and  those  entering  Philadelphia  four  cents  a  pound.  From 
this  it  can  be  seen  that  as  soon  as  such  a  bill  became 
a  law,  all  vessels  engaged  in  the  sugar  trade  would  come  to 
Philadelphia  for  the  purpose  of  saving  the  four  cents  addi- 
tional tax.  As  one  vessel  will  carry  thousands  of  tons, 
the  saving  of  money  by  going  to  Philadelphia  would  be 
enormous.  The  result  would  be  an  increase  in  Philadel- 
phia's sugar  trade,  and  probably  a  total  destruction  of  that 
of  New  York. 

When  a  vessel  leaves  port,  certain  papers,  known  as 
"  clearance  papers,"  are  given  to  the  captain  by  the  custom- 
house officers  of  the  port.  The  papers  give  a  variety  of 
information  about  the  vessel, — the  name  of  the  captain,  the 
capacity,  the  place  of  destination,  and  the  number  of  men. 
When  the  vessel  receives  these  papers  she  leaves  port,  and 
is  said  to  clear  it.  When  the  vessel  arrives  at  the  port  of 
destination  the  papers  are  given  to  the  custom-house  offi- 
cers of  that  port.  Duties  are  paid,  and  if  the  vessel  is  pre- 
pared to  depart  new  clearance  papers  are  granted  to  the 
captain.  No  vessel  can  depart  from  port  without  these 
papers. 

Congress  cannot  direct  the  course  of  vessels  at  sea.  A 
vessel  is  bound  for.  Boston  from  Rio  Janeiro.  This  vessel 
would  take  the  shortest  route  and  thus  save  time  and  money. 
Suppose  Congress  should  say  that  the  vessel  must  enter 
Philadelphia,  pay  duties  there,  and  clear  for  Boston.  Such 
a  course  would  be  an  absolute  waste  of  three  or  four  days 
in  coming  up  the  Delaware  River  and  returning  to  the  sea, 


152  CIVIL   GOVERNMENT. 

and  would  not  amount  to  anything  but  a  loss  of  time  and 
money. 

During  colonial  days,  this  unwise  policy  was  forced  upon 
the  Colonies  by  England.  All  commerce  was  carried  on  by 
English  ships  and  through  English  ports. 

Whenever  it  is  seen  that  a  mistake  has  been  made,  it  is 
always  to  the  interest  of  all  concerned  that  an  examination  be 
made  of  the  causes.  If  we  do  not  profit  by  our  mistakes  and 
those  of  others  we  will  make  no  progress.  This  English 
custom  was  dropped  when  the  time  came  to  adopt  a  new 
body  of  laws  for  the  country. 

Money,  ho^w  drawn  from  Treasury— Financial  Statements  to  be 

published. 

7.  No  money  shall  be  drawn  from  the  Treasury  but  in 
consequence  of  appropriations  made  by  law^ ;  and  a  regular 
statement  and  account  of  the  receipts  and  expenditures  of 
all  public  money  shall  be  published  from  time  to  time. 

Appropriations. — Treasury. — Receipts  are  the  various 
amounts  of  money  which  are  received  by  the  government 
from  different  sources. 

Expenditures  are  the  amounts  paid  out  of  the  Treasury 
for  the  expenses  of  the  government. 

All  money  is  placed  in  the  Treasury  of  the  United  States, 
and  is  in  charge  of  the  Secretary  of  the  Treasury,  who  is 
a  cabinet  officer. 

To  make  government  officers  careful  and  responsible 
for  the  use  of  the  money  two  conditions  are  imposed  on 
them, — viz. : 

1.  No  money  can  be  drawn  from  the  Treasury  except  by  appro- 
priation. 

2.  A  statement  of  the  condition  of  the  Treasury  must  be  given  from 
time  to  time. 


POWERS  DENIED   CONGRESS  AND   STATES.  153 

An  Appropriation  Bill  is  one  which  is  passed  by  Con- 
gress and  becomes  a  law  saying  that  a  fixed  sum  of  money 
is  to  be  taken  from  the  Treasury,  and  naming  the  purpose 
for  which  it  is  to  be  expended.  For  instance,  if  it  were  the 
desire  of  Congress  to  construct  a  war-ship  to  cost  three 
milHon  dollars,  it  would  be  necessary  to  prepare  a  bill  and 
have  it  passed  by  both  houses  and  signed  by  the  President. 

If  the  houses  were  very  extravagant,  the  President  could 
easily  guard  the  people's  money  by  vetoing  all  such  bills. 

Every  month  a  statement  showing  the  condition  of  the 
Treasury  is  issued.  In  it  are  found  the  amounts  received, 
the  sums  expended,  and  the  surplus  on  hand.  The  amount 
of  money  remaining  after  the  expenses  have  been  deducted 
is  known  as  the  surplus. 

This  statement  is  published  in  the  newspapers,  and  the 
people  know  whether  too  much  money  has  been  expended 
and  whether  their  representatives  have  been  thrifty  or  ex- 
travagant. 

A  daily  statement  of  the  finances  is  also  issued. 


Titles  of  Nobility  not  to  be  granted— Acceptance  by  Government 
Ofiacers  of  Favors  from  Foreign  Powers. 

8.  No  title  of  nobility  shall  be  granted  by  the  United  States ; 
and  no  person  holding  any  oflBce  of  profit  or  trust  under 
them  shall,  without  the  consent  of  the  Congress,  accept  of 
any  present,  emolument,  oflBce,  or  title  of  any  kind  what- 
ever, from  any  king,  prince,  or  foreign  State. 

Titles. — In  many  countries  the  inhabitants  are  divided 
into  classes  to  show  that  one  is  superior  to  the  others. 
These  classes  have  different  names  or  titles  to  distinguish 
them.     Some  titles  are  lord,  earl,  duke,  sir,  and  viscount. 

In  the  United  States,  people  are  all  equal  in  the  eyes  of 
the  law.    Ambition,  however,  is  not  cast  aside.     People 


154  CIVIL   GOVERNMENT. 

elevate  themselves  above  their  neighbors.  One  v^rho  by 
thrift,  judgment,  and  soberness  earns  wealth  and  position 
in  the  community  is  certainly  higher  in  the  scale  of  life 
than  an  indolent  person.  No  classes,  however,  are  marked, 
and  ho  titles  are  given  in  the  United  States. 

In  1789  the  name  by  which  the  President  was  to  be 
known  was  a  matter  of  dispute.  The  United  States  Senate 
wished  him  to  be  known  as  "  His  Highness  the  President 
of  the  United  States  and  Protector  of  their  Liberties,"  but 
the  people  disliked  such  titles,  and  he  was  simply  called 
"  The  President"  or  "  Mr.  President."  The  manners  of  the 
people  were  so  plain  that  Jefferson  is  said  to  have  ridden  to 
the  capital  on  horseback. 

An  office  of  profit  is  a  position  under  the  government,  the 
holder  of  which  receives  a  certain  sum  of  money  for  the 
work  done  by  him. 

An  office  of  trust  is  a  position  filled  by  a  person  who  re- 
ceives pay  for  his  duties,  but  the  responsibilities  are  greater 
than  an  office  of  profit.  The  office  of  Secretary  of  the 
Treasury  is  a  position  of  trust,  greater  qualifications  being 
required  than  for  other  offices.  The  Secretary  of  the 
Treasury  receives  a  yearly  salary,  which  would  make  the 
place  an  office  of  profit  besides  being  one  of  trust. 

An  office  of  honor  is  one  in  which  the  occupant  receives 
no  remuneration.  The  honor  of  serving  the  government 
is  seldom  refused  by  any  one. 

Presents. — ^A  citizen  holding  an  office  of  profit  or  trust 
under  the  United  States  cannot  accept  a  present  from  any 
one  unless  the  consent  of  Congress  is  secured.  Illustration : 
Mr.  Black,  who  is  a  physician,  is  ambassador  of  the  United 
States  to  China.  While  in  that  country  he  discovers  a 
method  for  curing  a  disease  which  is  prevalent  at  the  time. 


POWERS   DENIED   CONGRESS  AND   STATES.  155 

The  Emperor  of  China,  to  show  his  regard  for  him,  presents 
him  with  a  large  sum  of  money.  Dr.  Black,  holding  a  posi- 
tion under  the  United  States  government,  is  forbidden  by 
the  Constitution  to  accept  the  gift  unless  Congress  gives  him 
permission  to  do  so.  The  service  performed  was  a  good 
one,  and  no  doubt  the  consent  of  both  houses  could  easily 
be  secured.  There  might  be  other  cases,  however,  in  which 
a  sum  of  money  or  some  other  gift  might  be  given  as  pay 
for  some  wrong  action.  Illustration :  The  duty  on  certain 
articles  exported  from  Germany  to  this  country  is  very  high. 
This  results  in  the  raising  of  the  price  of  these  articles,  and 
consequently  less  are  used.  The  commerce  in  such  articles 
is  brought  to  a  standstill.  Germany  could  offer  several 
Senators  and  Representatives  large  sums  of  money  to  have 
the  duties  lowered.  In  this  way  harm  would  result.  The 
government  pays  its  men  a  sufficient  salary,  and  there  ap- 
pears to  be  no  need  for  them  to  accept  more  from  any  other 
country.  Of  course,  a  citizen  not  an  office-holder  can 
accept  presents  from  foreign  countries  without  any  one's 
approval  but  his  own. 

Limitations  of  the  Powers  of  Individual  States. 

Sec.  X.  1.  No  State  shall  enter  into  any  treaty,  alliance, 
or  confederation;  grant  letters  of  marque  and  reprisal; 
coin  money ;  emit  bills  of  credit ;  make  anything  but  gold 
and  silver  coin  a  tender  in  pajrment  of  debts ;  pass  any  bill 
of  attainder,  ex  post  facto  law,  or  law  impairing  the  obliga- 
tion of  contracts,  or  grant  any  title  of  nobility. 

Powers  denied  to  the  States. — We  have  studied  the 
powers  granted  and  those  denied  to  Congress.  The  powers 
granted  to  the  States  are  not  mentioned,  but  those  denied 
to  them  are.  Under  the  Articles  of  Confederation,  the 
powers  were  not  placed  under  the  three  heads, — viz. : 


156 


CIVIL   GOVERNMENT. 


1.  Those  granted  to  Congress. 

2.  Those  denied  to  the  United  States. 

3.  Those  denied  to  the  States. 


This  led  to  some  doubt  as  to  which  body  had  the  legal 
authority  in  certain  cases.  Where  all  the  powers  are 
specifically  enumerated  and  placed  into  classes  this  doubt 
is  dispelled.  Many  of  the  powers  denied  to  the  United 
States  are  also  denied  to  the  States.  The  following  table 
illustrates  some  powers  granted  to  Congress  but  denied  to 
the  individual  States,  and  some  which  are  denied  to  both : 


Power. 


United  States. 


States. 


To  grant  letters  of  marque  and  reprisal 

To  coin  money 

To  raise  troops 

To  pass  a  bill  of  attainder 

To  pass  an  ga;j90s^/ac^o  law 

To  give  titles 


Granted. 

Granted. 

Granted. 

Denied. 

Denied. 

Denied. 


Denied. 
Denied. 
Denied. 
Denied. 
Denied. 
Denied. 


The  reasons  for  specifying  these  powers  as  granted  or 
denied  to  the  United  States  or  denied  to  the  States  are : 

1.  To  secure  uniformity  in  legislation. 

2.  To  prevent  continual  disputes  between  the  Legislative  Depart- 
ments of  the  nation  and  State. 

3.  To  prevent  a  State  exercising  a  harmful  power. 


Various  Powers  denied. — A  treaty  is  an  agreement  be- 
tween two  or  more  nations  regarding  a  disputed  matter. 
The  purpose  of  a  treaty  may  be : 


POWERS   DENIED   CONGRESS   AND   STATES.  157 

1.  To  close  a  war. 

2.  To  fix  boundaries. 

3.  To  settle  commercial  disputes,  as  fisheries. 

4.  To  effect  the  return  of  escaped  criminals. 

An  alliance  is  a  union  of  several  States  or  countries  to 
secure  some  advantage  to  all.  Alliances  are  generally  made 
for  commercial  purposes. 

A  confederacy  is  a  union  of  several  States  for  the  pur- 
pose of  defending  themselves  against  a  common  enemy. 

No  State  can  make  a  treaty,  enter  into  an  alliance,  or  form 
a  part  of  a  confederation.  These  powers  are  granted  to 
the  national  government,  but,  in  order  to  prevent  needless 
disputes,  are  denied  the  States.  A  State  might  make 
a  treaty  with  some  other  country  and  not  obey  its  pro- 
visions ;  the  United  States  consequently  might  become 
involved  in  a  dispute  with  another  nation  because  of 
this. 

Since  the  United  States  government  has  the  power  to 
declare  war,  the  right  to  grant  letters  of  marque  and  re- 
prisal should  be  in  the  hands  of  no  other  power.  The 
State  is  denied  this  right. 

To  prevent  the  existence  of  many  different  kinds  of  coin 
and  paper  money,  no  State  can  coin  money  or  emit  bills  of 
credit. 

Emit  means  to  issue  or  send  out.  Bills  of  credit  are 
paper  money. 

Coin  always  has  a  real  value.  When  there  is  but  a  small 
amount  of  gold  or  silver  in  the  Treasury  the  value  of  paper 
money  may  depreciate.  Instances  of  this  are  the  paper 
money  issued  in  Revolutionary  times  and  during  the  Civil 
War.  Paper  money  is  better  liked  because  of  the  ease 
with  which  it  can  be  handled. 

To  cause  money  to  become  a  legal  tender  is  to  make  its 


158  CIVIL   GOVERNMENT. 

acceptance  by  the  people  compulsory,  or  to  require  them  to 
take  it  in  discharging  a  debt.  During  the  Revolutionary 
period,  several  States  compelled  the  people  to  accept  Conti- 
nental money,  which  was  almost  worthless.  To  prevent  a 
recurrence  of  this  no  State  can  make  anything  but  gold  and 
silver  coin  a  tender, — that  is,  good  to  offer  in  payment  of  a 
debt.  This  is  because  gold  and  silver  never  lose  much  of 
their  value. 

No  bills  of  attainder  or  ex  post  facto  laws  can  be  made  by 
the  Congress  of  the  United  States,  hence  this  power  is 
also  denied  the  States.  Titles  of  nobility  cannot  be  granted 
by  any  State. 

A  contract  is  an  agreement  between  two  or  more  parties 
to  do  a  particular  piece  of  work,  or  else  to  refrain  from 
doing  it.  Contracts  are  written  and  signed  by  the  parties 
thereto,  and  by  witnesses.  Illustration :  The  State  wishes 
to  erect  a  building,  and  signs  a  contract  with  a  builder 
for  its  erection.  In  the  contract,  the  builder  agrees  to  con- 
struct a  building  in  a  certain  manner  and  in  a  certain  time, 
and  in  return  the  State  agrees  to  pay  a  fixed  sum  of  money. 
When  the  building  is  finished  it  is  turned  over  to  the  State, 
and  the  builder  in  accordance  with  the  contract  receives  the 
money  for  which  he  agreed  to  erect  it. 

Again,  two  men  making  an  agreement  not  to  establish  a 
store  within  a  certain  distance  of  each  other  is  another  form 
of  contract. 

Both  parties  to  a  contract  are  responsible  for  the  execu- 
tion of  its  provisions.  Failure  on  the  part  of  either  party 
to  carry  out  the  provisions  of  a  contract  may  lead  to  a 
legal  suit  called  "  breach  of  contract." 

To  impair  means  to  break,  to  weaken,  to  loosen.  A  law 
impairing  the  obligation  of  contracts  would  allow  a  party 
to  a  contract  to  break  away  from  fulfilling  his  part  of  the 


POWERS   DENIED   CONGRESS   AND   STATES.  159 

contract.  Such  a  law  would  do  away  with  contracts,  as  no 
one  could  compel  a  dishonest  person  to  perform  his  part  of 
the  agreement. 

Powers  of  States,  Consent  of  Congress,  when  necessary. 

2.  No  State  shall,  without  the  consent  of  the  Congress, 
lay  any  imposts  or  duties  on  imports  or  exports,  except 
what  may  be  absolutely  necessary  for  executing  its  inspec- 
tion laws ;  and  the  net  produce  of  all  duties  and  imposts, 
laid  by  any  State  on  imports  or  exports,  shall  be  for  the  use 
of  the  Treasury  of  the  United  States;  and  all  such  laws 
shall  be  subject  to  the  revision  and  control  of  the  Congress. 

Duties  laid  by  States. — ^Although  most  duties  are  levied 
by  Congress,  a  State  can  lay  duties  on  imports  and  exports 
to  carry  out  its  inspection  laws.  This  can  only  be  done, 
however,  when  Congress  has  given  its  consent. 

Imports  are  goods  brought  into  a  country. 

Exports  are  goods  sent  out  of  a  country. 

A  State  has  inspection  laws  which  provide  for  the  exami- 
nation of  certain  goods  to  test  their  quality,  and  thus  protect 
the  health  and  safety  of  the  people.  Articles  of  food  are 
particularly  inspected,  as  these  can  very  easily  be  adul- 
terated. Such  articles  are  flour,  butter,  milk,  and  spices. 
Oil  is  also  inspected. 

To  defray  the  expense  of  inspection,  a  small  duty  may  be 
laid  by  the  State  on  imported  and  exported  goods.  All 
inspection  laws  are  subject  to  the  approval  of  Congress. 
Nearly  all  States  have  inspection  laws. 

No  State  can  make  any  profit  from  the  inspection  duty,  as 
all  surplus  money  raised  in  this  manner  must  be  given  to 
the  United  States  Treasury.  The  object  of  this  is  to  secure 
a  low  tax,  so  as  not  to  become  burdensome  to  the  people. 

Suppose  a  State  charges  two  cents  a  pound  to  examine 
all  the  butter  made  or  brought  into  a  State : 


160  CIVIL   GOVERNMENT. 

Number  of  pounds,  250,000,  at  2  cents  =  $5000  tax. 

Tax  or  income $5000 

Cost  to  inspect 4000 

Surplus $1000 

This  surplus  of  $1000  would  go  into  the  United  States 
Treasury. 

Further  Restrictions  on  Powers  of  States. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay 
any  duty  of  tonnage,  keep  troops  or  ships  of  war  in  time 
of  peace,  enter  into  any  agreement  or  compact  -with  an- 
other State,  or  -with  a  foreign  power,  or  engage  in  w^ar, 
unless  actually  invaded,  or  in  such  imminent  danger  as 
will  not  admit  of  delay. 

Other  Powers  denied. — A  tonnage  duty  is  a  tax  on  the 
contents  or  capacity  of  a  ship.  This  capacity  is  expressed 
in  tons,  hence  the  duty  is  called  "  tonnage  duty."  Suppose 
Congress  laid  such  a  duty,  say  one  dollar  a  ton ;  a  ship  of 
one  thousand  tons  would  have  to  pay  a  tax  of  one  thousand 
dollars.  This  is  a  national  power,  and  is  therefore  denied 
to  the  State. 

No  State  is  permitted  to  keep  a  standing  army  or  navy, 
but  a  militia  and  a  naval  militia  system  are  permitted.  The 
State  soldiers  cannot  engage  in  war  unless  called  into  United 
States  service  by  the  President  or  into  the  State  service 
by  the  Governor.  They  may  be  called  in  the  following 
times : 

1.  When  the  State  has  been  actually  invaded  ;  or, 

2.  When  the  danger  is  so  great  as  to  admit  of  no  delay. 

If  another  nation  invaded  our  coast  States  it  might  re- 
quire such  a  long  time  to  convene  Congress  in  order  to 
declare  war  that  immense  damage  could  be  done  without 


POWERS   DENIED   CONGRESS   AND   STATES.  161 

any  interference.     In  such  a  case  the  militia  can  be  called 
by  the  Governor  to  repel  the  invasion. 

Imminent  means  immediate,  near,  impending,  that  which 
will  happen  soon. 

SUMMARY. 

1.  The  subjects  on  which  Congress  may  make  laws  are  mentioned 
in  the  Constitution.  The  subjects  on  which  laws  are  not  allowed  to 
be  made  are  also  enumerated. 

2.  The  slave-trade  was  not  to  be  abolished  before  1808.  At  that 
time  it  could  be  stopped  or  not,  as  Congress  thought  best.  It  was, 
however,  abolished  at  the  beginning  of  the  year  1808. 

8.  The  writ  of  habeas  corpus  is  an  important  right  of  the  people. 
It  is  an  additional  safeguard  to  their  liberties.  Its  operation  can  only 
be  stopped  when  a  rebeUion  or  an  invasion  is  in  progress,  or  when 
the  public  safety  requires  it. 

4.  Bills  of  attainder  and  ex  posto  facto  laws  are  so  unjust  that  their 
passage  is  entirely  prohibited. 

6.  People  are  extremely  sensitive  to  taxation.  Great  care  is  always 
taken  in  laying  taxes  so  that  no  one  can  say  they  are  unjust.  Direct 
taxes  are  those  laid  directly  on  the  people,  and  the  only  way  in  which 
they  can  be  laid  proportionally  is  by  using  the  population  as  a  basis. 

6.  No  tax  on  exports  from  any  State  is  permissible. 

7.  National  money  is  kept  by  the  Secretary  of  the  Treasury.  He  is 
not  allowed  to  use  his  judgment  in  paying  out  any  of  this  money.  To 
take  any  money  from  the  Treasury  it  is  necessary  that  Congress  and 
the  President  should  pass  a  bill  providing  for  the  withdrawal  of 
certain  sums.  The  citizens  are  kept  informed  of  the  financial  con- 
dition of  the  country  by  a  statement  of  the  receipts  and  expendi- 
tures. 

8.  All  people  being  equal  before  the  law,  no  title  or  other  mode  of 
distinguishing  one  class  of  citizens  from  another  is  allowed.  No  office- 
holder is  permitted  to  accept  any  gift  besides  his  regular  salary. 

9.  Conflicts  between  the  United  States  and  the  States  are  avoided 
by  specifying  the  subjects  prohibited  to  a  State.  No  State  is  allowed 
to  make  a  treaty,  coin  money,  pass  a  bill  of  attainder  or  ex  post  facto 
law,  grant  titles  of  nobility,  or  declare  war. 

11 


162  CIVIL  GOVERNMENT. 

QUESTIONS. 

1.  Enumerate  the  powers  granted  to  Congress  and  those  denied. 

2.  Explain  why  the  clause  relating  to  the  importation  of  slaves  was 
inserted  in  the  Constitution. 

3.  What  provision  is  made  to  protect  citizens  from  improper  im- 
prisonment ? 

4.  Define  :  (a)  Bill  of  attainder  ;  (b)  Ux  post  facto  law. 

5.  About  a  capitation  tax,  tell :  (a)  What  it  is  ;  (b)  How  it  is 
laid. 

6.  Why  are  taxes  not  laid  on  exports  ? 

7.  Before  money  can  be  taken  from  the  Treasury,  what  is  neces- 
sarj'? 

8.  How  do  the  citizens  become  aware  of  the  financial  condition  of 
the  country? 

9.  What  is  a  title  of  nobility  ?  Suppose  the  King  of  Italy  wished 
to  confer  a  title  on  the  American  ambassador  to  that  country,  how 
could  the  latter  accept  it  ? 

10.  Name  five  subjects  upon  which  a  State  can  make  no  laws. 

11.  Explain  obligation  of  contracts. 

12.  Explain  commerce,  appropriation,  receipts,  expenditures,  office 
of  honor,  alliance,  confederation. 


CHAPTER    XI. 

THE  EXECUTIVE  DEPARTMENT. 

Executive  Department  a  Necessity. — After  bills  be- 
come laws,  it  is  necessary  that  they  should  be  obeyed. 
Laws  are  made  to  protect  good  people,  to  punish  ofifenders, 
and  to  promote  the  peace  and  prosperity  of  the  country. 
To  have  these  beneficial  effects  they  must  be  obeyed  and 
executed.  If  no  one  were  held  responsible  for  disobedience 
to  the  laws  they  would  practically  become  useless.  A  per- 
son having  no  respect  for  laws  would  not  care  whether  he 
obeyed  or  disobeyed  them.  The  Constitution  provides  a 
department  for  the  purpose  of  enforcing  the  laws.  The  head 
of  this  department  is  the  President.  There  are  thousands 
of  men  under  him  who  carry  out  the  details  of  execution. 
In  this  manner  the  duties  of  the  President  are  made  easier, 
and  the  work  of  enforcing  the  laws  becomes  more  perfect. 

ARTICLE  II. 
Of  the  President— The  Executive  Power. 

Sec.  I.  1.  The  executive  pcwer  shall  be  vested  in  a  Presi- 
dent of  the  United  States  of  America.  He  shall  hold  his 
oflBce  during  the  term  of  four  years,  and,  togfether  with  the 
Vice-President,  chosen  for  the  same  term,  be  elected  as 
follows : 

2.  Bach  State  shall  appoint,  in  such  manner  as  the  Legis- 
lature thereof  may  direct,  a  number  of  electors,  equal  to 
the  whole  number  of  Senators  and  Representatives  to 
which  the  State  may  be  entitled  in  the  Congress ;  but  no 
Senator  or  Representative,  or  person  holding  an  oflQce  of 
trust  or  profit  under  the  United  States,  shall  be  appointed  an 
elector. 

168 


164  CIVIL   GOVERNMENT. 

The  Executive. — Under  the  Articles  of  Confederation 
there  was  no  President,  and,  therefore,  really  no  Executive 
Department  such  as  now  exists.  When  the  Continental 
Congress  was  in  session  it  acted  as  the  Executive  Depart- 
ment. When  it  adjourned,  a  committee,  composed  of  one 
man  from  each  State,  or  thirteen  men  in  all,  acted  for  it. 

It  is  always  bad  policy  to  divide  responsibility,  that  is,  to 
make  many  persons  responsible  for  the  performance  of  a 
duty.  If  the  work  is  not  carried  out  or  faithfully  performed, 
no  one  in  particular  can  be  held  accountable  for  its  non- 
performance. No  one  being  responsible  naturally  leads  to 
poor  work.  Such  was  the  case  with  the  Committee  of 
States  under  the  Articles.  Where  the  responsibility  is  con- 
centrated in  the  hands  of  a  single  person,  blame  can  be 
easily  placed  for  wrong  or  neglected  actions,  and  praise 
given  for  right  and  proper  ones. 

When  the  Constitution  was  being  formulated  it  was 
thought  wise  to  have  a  separate  Executive  Department  and 
a  Legislative  Department.  To  the  former  was  given  all  the 
enforcing  power. 

The  executive  power  is  vested  in  the  President.  The 
Vice-President  and  members  of  the  President's  cabinet  may 
also  be  considered  as  executive  officers.  These  various 
officers  form  the  Executive  Department  of  the  United  States. 

Presidential  Term. — When  the  term  of  office  of  Presi- 
dent and  Vice-President  was  mentioned  in  the  Constitutional 
Convention  there  was  some  dispute  as  to  how  long  these 
officers  should  serve.  Those  who  feared  a  monarchy  sug- 
gested that  a  term  of  two  or  three  years  was  sufficient. 
Others  thought  that  six  or  seven  years  should  be  the  term. 

It  sometimes  happens  that  a  man  gains  the  good-will  of 
a  certain  political  party,  and  because  of  this  popularity  is 


THE   EXECUTIVE   DEPARTMENT.  165 

elected  President.  Being  popular  does  not  always  cany 
with  it  the  ability  to  govern  wisely.  If  this  person  were 
incapable,  at  the  end  of  a  short  term  he  could  be  refused 
re-election,  and,  therefore,  the  number  of  errors  made  by 
him  would  not  be  so  numerous  as  if  the  term  were  six 
years.  A-  short  term  might  not  be  long  enough  for  a  capa- 
ble man,  but  there  would  be  no  objection  to  this,  as  he 
could  be  readily  re-elected  for  a  second  term. 

Some  months  before  each  Presidential  election  the  busi- 
ness world  is  somewhat  unsettled  because  of  fear  of  changes 
in  laws  which  might  be  made  by  the  successful  political 
party.  If  the  term  be  a  short  one,  this  condition  of  busi- 
ness would  occur  more  frequently  than  if  the  term  were 
longer.  However,  a  better  government  is  of  more  impor- 
tance than  the  question  of  business,  and  a  short  term  is 
probably  better  than  a  very  long  one. 

As  a  compromise  between  the  two-  and  six-year  terms, 
the  Convention  made  the  term  of  office  four  years. 

Although  there  is  no  provision  in  the  Constitution  to  pre- 
vent a  man  from  serving  three  terms  as  President,  no  one 
has  ever  held  the  office  for  a  third  term.  The  reason  for 
a  President  serving  but  two  terms  may  be  justly  attributed 
to  George  Washington.  He  was  offered  the  nomination  for 
a  third  term,  but  refused  to  accept  it,  saying  that  two  terms 
were  enough  for  any  man  to  serve  as  President.  He  estab- 
lished this  precedent,  and  his  successors,  excepting  Grant, 
who  desired  a  third  term,  have  followed  his  wise  example. 

Many  Presidents  have  been  elected  to  serve  two  terms, 
making  their  official  service  a  period  of  eight  years. 

Since  1789  we  have  had  twenty-six  Presidents,  of  whom 
nine  have  been  elected  to  serve  two  terms.    They  are : 

1.  George  Washington,  Virginia,  1789-1797. 

2.  Thomas  Jefferson,  Virginia,  1801-1809. 


166  CIVIL   GOVERNMENT. 

3.  James  Madison,  Virginia,  1809-1817. 

4.  James  Monroe,  Virginia,  1817-1825. 

5.  Andrew  Jackson,  Tennessee,  1829-1837. 

6.  Abraham   Lincoln,    Illinois,    1861-1865.     (Assassinated  at  the 

beginning  of  second  term.) 

7.  Ulysses  S.  Grant,  Illinois,  1869-1877. 

8.  Grover  Cleveland,  New  York,  1885-1889  and  1893-1897. 

9.  William  McKinley,   Ohio,    1897-1901.      (Assassinated   at  the 

beginning  of  second  term.) 

There  are  several  prosperous  republics  in  different  parts 
of  the  world,  and  although  they  are  not  like  the  United 
States,  still  it  may  be  interesting  to  know  the  terms  of  office 
of  their  Presidents. 

France. — President  elected  for  seven  years. 
Mexico. — President  elected  for  four  years. 
Switzerland. — President  elected  for  one  year. 

Presidential  Electors. — An  elector  is  a  citizen  who  is 
allowed  to  vote  for  the  different  officers.  A  Presidential 
elector  is  a  citizen  who  is  selected  by  his  fellow-citizens  to 
choose  a  President  and  Vice-President. 

Voters  do  not  vote  directly  for  President.  They  vote  for 
a  set  of  men  termed  electors.  These  electors,  in  turn,  vote 
for  President  and  Vice-President. 

Every  State  does  not  have  the  same  power  in  electing  the 
President  and  Vice-President.  If  each  State  had  the  same 
power  in  selecting  the  President,  population  would  not  be 
considered,  and  the  citizens  would  not  be  directly  repre- 
sented in  the  choice.  If  each  State  had  the  right  to  cast 
one  vote,  a  citizen  residing  in  a  State  having  an  immense 
population  would  have  a  smaller  part  of  this  one  vote  than 
a  citizen  residing  in  a  State  of  small  population,  and  also 
casting  one  vote.  This  would  be  very  unequal  power.  To 
avoid  this,  the  power  of  each  State  in  the  selection  of  Presi- 


THE   EXECUTIVE   DEPARTMENT.  167 

dent  is  reckoned  according  to  the  number  of  people  residing 
in  that  State.  This  places  in  the  people  the  same  proportion 
of  power  in  the  executive  branch  of  the  government  that 
they  have  in  the  legislative  branch. 

New  York  has  many  more  inhabitants  than  Florida.  To 
ottain  a  proper  division  of  power  the  State  of  New  York 
is  given  more  votes  than  Florida.  This  power  is  secured 
by  the  method  suggested  in  the  clause.  Each  State  has  two 
Senators  and  a  certain  number  of  Representatives,  appor- 
tioned according  to  its  population.  The  number  of  Senators 
and  Representatives  of  a'  State  are  added,  and  the  sum  is 
the  number  of  Presidential  electors  to  which  the  State  is 
entitled. 

Territories  have  no  electors. 

In  early  times  the  States  appointed  the  electors,  but  this 
method  has  gone  out  of  use.  At  the  present  time,  every 
political  party  nominates  the  required  number  of  Presi- 
dential electors.  For  instance,  in  New  Jersey  the  Repub- 
licans nominate  twelve  Republican  electors,  the  Democrats 
nominate  the  same  number.  Only  twelve  electors  can  be 
chosen,  because  that  is  the  number  to  which  New  Jersey  is 
entitled,  so  that  the  party  which  receives  the  most  votes 
secures  the  twelve  Presidential  electors. 

As  no  two  States  have  the  same  population,  the  number 
of  electors  assigned  to  each  State  may  vary.  The  number 
of  electors,  therefore,  nominated  by  political  parties  is  not 
necessarily  the  same  in  all  the  States. 

Who  may  be  Electors. — Any  citizen  of  a  State  can  be 
an  elector,  with  these  exceptions  : 

1.  A  Senator  or  Representative. 

2.  A  person  who  has  a  position  under  the  United  States  govern- 
ment. 


168 


CIVIL   GOVERNMENT. 


states. 

Senators. 

Representatives. 

Electors. 

Alabama 

2 

9 

11 

Arkansas 

2 

7 

9 

California 

2 

8 

10 

Colorado 

2 

3 

5 

Connecticut 

2 

5 

7 

Delaware 

2 

1 

3 

Florida 

2 

3 

5 

Georgia 

2 

11 

13 

Idaho  

2 

1 

3 

Illinois 

2 

25 

27 

Indiana 

2 

2 

13 
11 

16 

Iowa 

13 

Kansas 

2 
2 

8 
11 

10 

Kentucky 

13 

Louisiana 

2 

7 

9 

Maine 

2 

4 

6 

Maryland 

2 

6 

8 

Massachusetts 

2 

14 

16 

Michigan 

2 

12 

14 

Minnesota 

2 

9 

11 

Mississippi 

2 

8 

10 

Missouri 

2 
2 

16 
1 

18 

Montana 

3 

Nebraska 

2 

6 

8 

Nevada 

2 

1 

3 

New  Hampshire 

2 

2 

4 

New  Jersey 

2 

10 

12 

New  York 

2 

37 

39 

North  Carolina 

2 

10 

12 

North  Dakota 

2 

2 

4 

Ohio 

2 
2 

21 
2 

28 

Oregon 

4 

Pennsylvania 

2 

32 

34 

Khode  Island 

2 

2 

4 

South  Carolina 

2 

7 

9 

South  Dakota 

2 

2 

4 

Tennessee 

2 

10 

12 

Texas 

2 

16 

18 

rtah 

2 

1 

3 

Vermont 

2 

2 

4 

Virginia 

2 

10 

12 

Washington 

2 

3 

6 

West  Virginia 

2 

6 

7 

Wisconsin 

2 

11 

13 

Wyoming 

2 

1 

3 

Total 

90 

386 

476 

THE  EXECUTIVE   DEPARTMENT. 


169 


It  is  against  republican  principles  to  have  one  person  hold 
two  offices.  A  person  who  held  a  position  under  the  gov- 
ernment, if  an  elector,  might  be  tempted  to  vote  for  a  Presi- 
dent who,  in  return,  would  keep  him  in  office.  Many  office- 
holders are  dismissed  when  a  new  President  is  elected. 

Presidential  electors  receive  no  salary,  the  office  being 
one  of  trust  and  honor. 

Nomination  and  Election  of  Electors. — As  the  time 
approaches  for  the  election  of  a  new  President,  each'  party 
holds  a  separate  national  convention  for  the  purpose  of 
selecting  candidates.  In  each  State,  also,  every  political 
party,  by  convention,  names  its  Presidential  electors. 

Before  the  Presidential  election  every  political  party  has 
accomplished  two  important  things : 

1.  It  has  nominated  candidates  for  President  and  Vice-President. 

2.  It  has  nominated  Presidential  electors  in  each  of  the  States. 

On  a  certain  day  the  people  of  all  the  States  vote  for 
Presidential  electors.  The  electors  receiving  the  highest 
number  of  votes  in  each  State  are  declared  elected.  Let 
us  take  an  election  in  Delaware  as  an  example.  This  State 
is  entitled  to  three  electors.    The  following  are  the  nominees : 


Republican  Electors. 

Democratic  Electors. 

Prohibition  Electors. 

J.  W.  White. 
H.  C.  Black. 
K.  A.  Green. 

A.  P.  Smith. 
T.  W.  Jones. 
J.  M.  Holland. 

F.  K.  Stretch. 
M.  T.  Logan. 
C.  G.  Keed. 

Republican  electors  stand  for  republican  principles,  the 
Democrats  for  democratic  principles,  and  the  Prohibitionists 
for  prohibition  principles. 


170  CIVIL   GOVERNMENT. 

Any  citizen  of  Delaware  who  believed  in  the  principles 
of  a  certain  party  would  naturally  cast  his  vote  for  the 
electors  of  that  party. 

Probable  Result  of  an  f  ^-  ^^P^^l^^^^ 18^000 

Election  in  Delaware,  j  ^^  2«^?^y^.t^« 15,000 

3.  ProhibitioD 400 


The  Republican  electors  having  received  the  most  votes, 
they  are  declared  elected.  The  votes  of  these  three  elec- 
tors go  to  the  Republican  candidate  for  President.  It  is 
the  same  in  all  the  States  of  the  Union. 

Orig-inal  Method  of  electing-  the  President. 
3.  The  electors  shall  meet  in  their  respective  States,  ana 
vote  by  ballot  for  two  persons,  of  whom  one  at  least  shall 
not  be  an  inhabitant  of  the  same  State  with  themselves. 
And  they  shall  make  a  list  of  all  the  persons  voted  for,  and 
of  the  number  of  votes  for  each,  which  list  they  shall  sign 
and  certify,  and  transmit  sealed  to  the  seat  of  the  Govern- 
ment of  the  United  States,  directed  to  the  President  of  the 
Senate.  The  President  of  the  Senate  shall,  in  the  presence 
of  the  Senate  and  House  of  Representatives,  open  all  the 
certificates,  and  the  votes  shall  then  be  counted.  The  per- 
son having  the  greatest  number  of  votes  shall  be  the  Presi- 
dent, if  such  number  be  a  majority  of  the  whole  number  of 
electors  appointed ;  and  if  there  be  more  than  one  who  have 
such  majority,  and  have  an  equal  number  of  votes,  then  the 
House  of  Representatives  shall  immediately  choose  by  bal- 
lot one  of  them  for  President ;  and  if  no  person  have  a  ma- 
jority, then  from  the  five  highest  on  the  list  the  said  House 
shall  in  like  manner  choose  the  President.  But  in  choosing 
the  President,  the  votes  shall  be  taken  by  States,  the  repre- 
sentation from  each  State  having  one  vote ;  a  quorum  for 
this  purpose  shall  consist  of  a  member  or  members  from 
two-thirds  of  the  States,  and  a  majority  of  all  the  States 
shall  be  necessary  to  a  choice.  In  every  case,  after  the 
choice  of  the  President,  the  person  having  the  greatest 
number  of  votes  of  the  electors   shall  be  the  Vice-Presi- 


THE  EXECUTIVE  DEPARTMENT.  171 

dent.  But  if  there  should  remain  t-wo  or  more  ^iv^ho  have 
equal  votes,  the  Senate  shall  choose  from  them  by  ballot 
the  Vice-President. 

Former  Mode  of  choosingr  a  President. — This  clause 
contains  the  method  of  electing  a  President  and  Vice-Presi- 
dent in  vogue  until  the  year  1804.  It  was  found  to  be  a 
faulty  method.  In  the  election  of  1800  Thomas  Jefferson 
and  Aaron  Burr  each  had  seventy-three  votes.  This  being 
a  tie,  the  election  in  accordance  with  the  provision  of  this 
clause  had  to  be  decided  by  the  House  of  Representatives, 
which  elected  Jefferson.  This  produced  bitter  feeling,  and 
led  to  the  adoption  of  the  Twelfth  Amendment,  in  1804, 
which  is  the  present  system  or  method  of  electing  a  Presi- 
dent. 

ARTICLE  XII. 
Present  Mode  of  choosing'  the  President  and  Vice-President. 

The  electors  shall  meet  in  their  respective  States,  and 
vote  by  ballot  for  President  and  Vice-President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same 
State  with  themselves;  they  shall  name  in  their  ballots 
the  person  voted  for  as  President,  and  in  distinct  ballots 
the  person  voted  for  as  Vice-President;  and  they  shall 
make  distinct  lists  of  all  persons  voted  for  as  President 
and  of  all  persons  voted  for  as  Vice-President,  and  of  the 
number  of  votes  for  each,  w^hich  list  they  shall  sign  and  cer- 
tify, and  transmit  sealed  to  the  seat  of  the  Government  of 
the  United  States,  directed  to  the  President  of  the  Senate. 
The  President  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certifi- 
cates, and  the  votes  shall  then  be  counted;  the  person 
having  the  greatest  number  of  votes  for  President  shall  be 
the  President,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed ;  and  if  no  person  have  such 
majority,  then  from  the  persons  having  the  highest  num- 
bers, not  exceeding  three  on  the  list  of  those  voted  for  as 
President,  the  House  of  Representatives  shall  choose  imme- 
diately, by  ballot,  the  President.    But  in  choosing  the  Presi- 


172  CIVIL   GOVERNMENT. 

dent,  the  votes  shall  be  taken  by  States,  the  representation 
from  each  State  having  one  vote ;  a  quorum  for  this  pur- 
pose shall  consist  of  a  member  or  members  from  t-wo-thirds 
of  the  States,  and  a  majority  of  all  the  States  shall  be  neces- 
sary to  a  choice.  And  if  the  House  of  Representatives 
shall  not  choose  a  President,  -whenever  the  right  of  choice 
shall  devolve  upon  them,  before  the  fourth  day  of  March 
next  following,  then  the  Vice-President  shall  act  as  Presi- 
dent, as  in  the  case  of  the  death  or  other  constitutional 
disability  of  the  President.  The  person  having  the  greatest 
number  of  votes  as  Vice-President  shall  be  the  Vice-Presi- 
dent, if  such  number  be  a  majority  of  the  whole  number 
of  electors  appointed ;  and  if  no  person  have  a  majority, 
then  from  the  two  highest  numbers  on  the  list  the  Senate 
shall  choose  the  Vice-President ;  a  quorum  for  the  purpose 
shall  consist  of  two-thirds  of  the  whole  number  of  Sena- 
tors, and  a  majority  of  the  whole  number  shall  be  neces- 
sary to  a  choice.  But  no  person  constitutionally  ineligible 
to  the  oflQce  of  President  shall  be  eligible  to  that  of  Vice- 
President  of  the  United  States. 

Meeting  of  the  Electors. — After  the  electors  of  each 
State  have  been  chosen  they  meet  in  theu*  respective  States, 
generally  at  the  State  capital.  They  proceed  to  vote  by 
ballot,  first  for  President,  then,  in  a  separate  ballot,  for  Vice- 
President. 

The  clause,  *'  one  of  whom,  at  least,  shall  not  be  an  in- 
habitant of  the  same  State  with  themselves,"  means  that  if 
a  candidate  for  President  come  from  Ohio  the  electors  from 
that  State  can  vote  for  him,  but  if  the  candidate  for  Vice- 
President  also  reside  in  Ohio  they  must  vote  for  one  from 
another  State.  The  object  of  this  provision  is  to  prevent  the 
President  and  Vice-President  coming  from  the  same  State, 
as  that  would  probably  give  such  State  too  much  power. 

Ballots  are  taken  for  President  and  Vice-President.  Then 
the  electors  are  required  to  make  a  list  of  all  persons  who 
received  votes  for  President,  and  also  the  number  of  votes 


THE   EXECUTIVE   DEPARTMENT.  173 

each  received.  Another,  but  separate,  hst  is  made  of  all 
those  who  were  voted  for  as  Vice-President  and  the  num- 
ber of  votes  received  by  each  of  them.  The  Presidential 
list  and  the  Vice-Presidential  list  when  taken  together  may- 
be called  a  certificate. 

Three  certificates  are  made,  and  as  each  contains  two 
lists  there  are  six  lists  altogether.  These  lists  must  be 
signed,  certified,  and  sealed.  Three  certificates  are  made 
to  insure  the  safe  arrival  in  Washington  of  at  least  one. 
The  first  is  sent  by  a  messenger,  the  second  by  mail,  and 
the  third  is  given  to  a  judge  of  a  United  States  court  situ- 
ated in  the  district  where  the  capital  of  a  State  is  located. 
After  being  sealed,  the  envelopes  containing  the  certificates 
are  directed  to  the  President  of  the  Senate,  who  is  either 
the  Vice-President  or  president  jpro  tempore.  If  the  mes- 
senger should  meet  with  some  accident,  thereby  preventing 
the  certificate  he  has  from  reaching  Washington,  and  the 
certificate  sent  by  mail  should  be  lost,  the  third  certificate 
could  still  be  obtained  from  the  judge. 

Counting'  the  Votes. — This  is  the  only  occasion  when 
both  houses  meet  in  the  same  room.  The  President  of  the 
Senate  presides.  The  certificates  from  all  the  States  are 
taken  out,  and  the  votes  counted.  The  lists  are  separated 
into  sets, — viz.,  those  for : 

1.  President. 

2.  Vice-President. 

The  person  having  a  majority  of  all  the  electoral  votes 
for  President  is  declared  elected.  The  one  having  a  ma- 
jority of  all  the  electoral  votes  for  Vice-President  is  de- 
clared elected. 


174  CIVIL   GOVERNMENT. 

Electoral  votes 476 

Majority 239 

Election  by  the  House. — If  no  person  have  a  majority 
of  all  the  votes  of  the  electors,  the  House  of  Representa- 
tives chooses  the  President.  The  House  is  given  this  privi- 
lege because  it  directly  represents  the  people,  and  its  choice 
would  likely  be  more  satisfactory  than  the  choice  of  the 
Senate. 

If  there  are  five  men  voted  for  as  President,  only  the 
three  highest  can  be  voted  for  by  the  House,  the  other  two 
are  not  considered.  The  voting  is  by  States,  each  State 
having  one  vote.  The  vote  of  each  State  is  determined  by 
its  own  Representatives.  Pennsylvania  has  thirty-two 
Representatives,  who  are  entitled  to  one  vote.  How  shall 
this  be  cast?  According  to  how  the  majority  direct.  If  of 
the  thirty-two  twenty  are  Republicans,  the  vote  would 
therefore  be  cast  for  the  Republican  candidate  for  President. 
If  there  should  be  sixteen  on  each  side,  it  is  Hkely  that  the 
vote  would  be  divided,  each  side  getting  one-half  (J)  of  a 
vote. 

It  requires  two-thirds  (f)  of  all  the  States  to  be  repre- 
sented in  order  to  have  a  quorum  so  that  a  President  may 
be  elected.  A  majority  of  all  the  States  is  necessary  to 
elect. 

Failure  of  the  House  to  elect. — Should  the  House  fail 
to  elect  a  President  before  the  4th  of  March,  the  Vice- 
President,  if  elected,  becomes  President  in  the  same  manner 
as  if  the  President  had  resigned  or  died. 

Inaugural  Date. — March  4, 1789,  was  selected  as  the  day 
when  the  new  government  was  to  begin.     It  was  not  until 


THE   EXECUTIVE   DEPARTMENT.  175 

April  6,  1789,  that  a  sufficient  number  of  members  of  Con- 
gress had  arrived  in  New  York  to  form  a  quorum  to  count 
the  electoral  vote.  Until  this  was  accomplished  the  President 
could  not  be  inaugurated.  After  the  votes  were  counted, 
Washington  was  notified,  and  he  came  to  New  York,  where 
he  took  the  oath  of  office  on  the  thu-tieth  day  of  April,  1789. 
Since  then  every  President  has  been  inaugurated  on  March 
4,  excepting  when  such  date  has  fallen  on  Sunday.  This 
occurred  three  times, — namely,  in  1821,  1849,  and  1877. 
When  March  4  occurs  on  Sunday  the  inauguration  of  the 
President  is  postponed  until  the  following  day. 

Presidents  elected  by  the  House. — In  1800  Thomas 
Jefferson  was  elected  by  the  House  over  Aaron  Burr.  In 
1824  John  Quincy  Adams  was  elected  by  the  House  over 
Andrew  Jackson. 

The  Electoral  Commission. — The  election  of  1876  was 
very  close,  being  a  choice  between  Hayes  and  Tilden. 
South  Carolina,  Florida,  and  Louisiana  each  transmitted  two 
sets  of  certificates  to  Washington.  When  Congress  met  it 
could  not  decide  which  of  the  two  certificates  to  accept. 
The  election  did  not  go  to  the  House  because  one  of  the 
two  candidates  had  a  majority.  After  much  disputing,  it 
was  decided  to  leave  the  matter  in  the  hands  of  an  Elec- 
toral Commission,  composed  of  five  Senators,  five  Repre- 
sentatives, and  five  judges  of  the  United  States  Supreme 
Court. 

The  Commission  was  composed  of  an  odd  number  (15) 
to  avoid  a  tie  vote.  This  Commission  decided  on  March  2, 
1877,  that  Hayes  was  elected.  Had  the  Commission  held 
out  two  days  longer,  the  country  would  have  been  with- 
out a  President  until  some  method  to  elect  one  had  been 
provided. 


176 


CIVIL  GOVERNMENT. 


Election  of 
President 


1.  By  electors    ■ 


By  House 
of  Kepre- 
Bentatives 


1.  Nomination  of  candidates. 

2.  Nomination  in  each  State  of  Presi- 

dential electors. 

3.  Election  day. 

4.  Meeting  of  electors  at  capital  of 

State. 

5.  Congress  meets  to  count  the  vote. 

6.  Majority  of  all  the  electors  vote.for 

one  man,  and  he  is  elected. 

1.  Nomination  of  candidates. 

2.  Nomination  in  each  State  of  Preii- 

dential  electors. 

3.  Election  day. 

4.  Meeting  of  electors  at  capital  of 

State. 

5.  Meeting  of  Congress  to  count  the 

vote. 

6.  No  candidate  has  a  majority. 

7.  House  of  Kepresentatives  proceeds 

to  elect  a  President. 

8.  Yote  taken  by  States;    quorum, 

two-thirds  of  all  States. 

9.  Three    highest    candidates    to   he 

chosen  from. 
10.  Majority  of  all  States  necessary  to 
a  choice. 


Election  of  Vice-President. — Inasmuch  as  the  Vice- 
President  under  certain  conditions  may  become  President, 
it  is  necessary  that  he  be  elected  in  the  same  manner  as 
the  President, — namely,  by  a  majority  of  the  Presidential 
electors.  The  electors  in  voting  make  distinct  lists  of  the 
candidates  voted  for  as  Vice-President.  These  lists  are  also 
sent  to  Washington,  and  are  counted  separately  from  those 
for  President. 

When  no  candidate  has  a  majority  of  the  votes  of  the 
electors,  the  Senate  has  the  power  to  elect  the  Vice-Presi- 
dent.   This  is  so  because  the  office  is  of  less  importance 


THE   EXECUTIVE   DEPARTMENT. 


177 


than  the  office  of  President,  and  it  would  also,  if  given  to 
the  House  to  decide,  give  that  body  too  much  power.  It  is 
also  safer,  as  it  might  easily  happen  that  neither  candidate 
would  have  a  majority.  If  the  House  had  the  power  to  elect 
both  it  might  disagree,  and  not  elect  either  a  President  or 
a  Vice-President  before  the  fourth  day  of  March,  thus  leaving 
the  country  without  an  executive. 

In  the  Senate  the  vote  is  not  taken  by  States,  because 
there  being  but  two  men  there  might  be  many  disagree- 
ments as  to  how  the  vote  of  a  State  should  be  cast.  A 
quorum  consists  of  two-thirds  of  the  entire  membership  of 
the  Senate.  They  select  from  the  two  highest  on  the  list, 
and  a  majority  of  all  is  necessary  to  a  choice. 

states,  45.     Senators,  90.     Quorum,  60.     Necessary  to  elect,  46. 

In  our  entire  history,  the  Senate  has  had  but  one  oppor- 
tunity to  exercise  this  power.  In  1837  Richard  M.  Johnson 
was  elected  Vice-President  by  the  Senate. 


Election   of 
Vice- 
President 


1.  By  electors     .  Majority  of  all  electors. 


2.  By  Senate. 


1.  No  majority. 

2.  Two  highest  on  the  list. 

8.  Quorum,  two-thirds  of  all  Senators. 

4.  Each  Senator  one  vote. 

5.  Majority  of  all  Senators  necessary 

to  elect. 


The  Electoral  College. — The  Presidential  electors  of 
all.  the  States  taken  together  are  known  as  the  *'  Elec- 
toral College."  The  Electoral  College  increases  as  the 
population  becomes  larger  and  as  the  number  of  States 
increases. 

12 


178 


CIVIL   GOVERNMENT. 


Electoral  College  of 

Number  of  Members, 

1789 
1900 

91 
447 

George  Washington  was  the  only  President  who  ever  re- 
ceived the  votes  of  all  the  electors.  President  Monroe 
received  all  but  one. 

OOMPAEISON  OF  ELECTION  BY  THE  HOUSE  AND 
SENATE. 


Election  of 

To  choose  from 

Vote  by 

Quorum. 

Necessary  to  a 
Choice. 

President     by 
House. 

Vice-President 
by  Senate. 

Three  highest 
on  list. 

Two    highest 
on  list. 

States. 
Senators. 

Two-thirds  of 
all  States. 

Two-thirds  of 
all  Senators. 

Majority  of  all 
States. 

Majority  of  all 
Senators. 

Minority  and  Majority  Presidents. — The  vote  for  Presi- 
dent in  1892  was : 


Nominees. 

Popular  Vote. 

Electoral  Vote. 

Cleveland 

5,556,533 

5,175,577 

1,122,045 

279,191 

277 

Harrison  . 

145 

Weaver 

22 

Bidwell    ...       .              .... 

0 

Total 

12,133,346 

444 

The  entire  electoral  vote  was  four  hundred  and  forty- 
four,  of  which  a  majority  was  two  hundred  and  twenty- 


THE   EXECUTIVE   DEPARTMENT. 


179 


three.  Cleveland  received  two  hundred  and  seventy- 
seven  electoral  votes  and  was  declared  elected.  The  popu- 
lar vote  is  the  vote  of  the  citizens.  This  vote  was  over 
twelve  millions,  and  a  majority  would  have  been  a  little 
over  six  millions,  yet  the  candidate  who  had  a  majority  of 
the  electoral  votes  had  less,  or  a  minority  of  the  popular 
vote.  Such  a  President  is  called  a  **  minority  President." 
A  minority  President  is  one  who  receives  a  majority  of  the 
Electoral  College  votes,  but  a  minority  of  the  popular  vote. 

Such  Presidents  have  been  numerous.  John  Quincy 
Adams,  James  K.  Polk,  Abraham  Lincoln,  Rutherford 
B.  Hayes,  James  A.  Garfield,  Grover  Cleveland,  and  Ben- 
jamin Harrison  were  minority  Presidents. 

In  1896  the  vote  was : 


Nominees. 


Popular  Vote. 


Electoral  Vote. 


McKinley  . 
Bryan  .  .  . 
Levering .    , 

Total     . 
Majority 


7,107,304 

6,292,423 

130,753 


271 

176 

0 


13,530,480 
6,765,241 


447 
224 


Presidents  elected  by  a  majority  of  the  popular  vote  and 
of  the  electoral  votes  are  called  "majority  Presidents." 
McKinley  had  a  majority  of  the  popular  vote  and  also  of 
the  electors,  hence  he  is  termed  a  "  majority  President." 


Time  of  choosing-  Electors— When  they  are  to  vote. 

4.  The  Congress  may  detenmne  the  time  of  choosing  the 
electors,  and  the  day  on  "w^hich  they  shall  give  their  votes ; 
which  day  shall  be  the  same  throughout  the  United  States. 


180  CIVIL   GOVERNMENT. 

Time  of  Election. — This  clause  gives  the  power  to  Con- 
gress to  fix  the  dates  on  which  elections  shall  be  held.  The 
object  of  this  is  to  have  all  the  States  hold  elections  at  the 
same  time,  so  as  to  prevent  needless  confusion.  This  power 
has  been  exercised,  and  Congress  has  fixed : 

1.  The  Tuesday  after  the  first  Monday  in  November  as  the  day  for 
choosing  the  Presidential  electors. 

2.  The  second  Monday  in  January  as  the  day  on  which  the  electors 
meet  at  the  capitals  of  their  respective  States. 

3.  The  second  Wednesday  in  February  as  the  day  on  which  the  cer- 
tificates are  opened  and  counted  before  Congress. 

The  President  and  Vice-President  are  not  officially  elected 
till  the  second  Wednesday  in  February.  The  way  in  which 
the  electors  will  vote  is  known  to  every  one ;  hence,  on  the 
evening  of  election  day,  when  the  returns  are  read,  it  is 
known  who  will  be  elected. 


Who  may  be  elected. 

5.  No  person  except  a  natural-born  citizen,  or  a  citizen  of 
the  United  States  at  the  time  of  the  adoption  of  this  Con- 
stitution, shall  be  eligible  to  the  oflace  of  President ;  neither 
shall  any  person  be  eligible  to  that  oflQce  who  shall  not  have 
attained  to  the  age  of  thirty-five  years,  and  been  fourteen 
years  a  resident  within  the  United  States. 

Qualifications  of  President. — 

1.  He  must  be  a  natural-born  citizen. 

2.  Thirty-five  years  of  age. 

3.  Fourteen  years  a  resident  within  the  United  States. 

A  natural-born  citizen  is  a  person  who  is  born  here  or  a 
person  who  is  born  abroad  while  his  parents,  who  are  citi- 


THE   EXECUTIVE   DEPARTMENT.  181 

zens  of  the  United  States,  are  absent  from  this  country  on 
pleasure  or  on  business. 

During  the  dark  period  of  our  history,  many  foreigners 
came  to  America  to  help  the  struggling  patriots.  In  consid- 
eration of  their  services  it  was  desired  to  pay  these  men  a 
compliment  by  making  them  eligible  to  the  highest  office  in 
the  land.  Such  men  as  Hamilton,  Lafayette,  Steuben,  Kos- 
ciusko, De  Kalb,  and  others  fought  on  our  side  without 
hope  of  reward.  As  a  compliment  to  such  men,  the  part, 
"a  citizen  at  the  time  of  the  adoption  of  this  Constitu- 
tion," was  inserted,  making  them  eligible  to  this  office.  As 
these  men  have  since  died,  this  part  is  useless,  and  only 
native-born  citizens  can  become  President  and  Vice-Presi- 
dent. 

Thirty-five  years  is  the  requisite  age  for  the  office  of 
President,  being  the  highest  age  required  for  any  office.  It 
is  thought  that  a  man  of  thirty-five  reaches,  as  a  rule,  his 
best  intellectual  ability.  In  a  monarchy,  where  the  sovereign 
inherits  the  throne,  no  age  can  be  fixed.  Children  become 
kings  and  queens.  Victoria  became  Queen  of  England 
when  but  seventeen  years  of  age.  These  children  are  rulers 
only  in  name.  They  do  not  possess  the  real  power  of  king 
or  queen.  In  such  cases  a  person  termed  a  "  regent"  fulfils 
the  powers  of  ruler  until  the  youth  reaches  the  necessary 
age,  generally  twenty-one  years. 

A  candidate  for  the  Presidency  must  be  fourteen  years  a 
resident  within  the  United  States.  Citizens  who  are  away 
from  their  country  for  a  long  period  are  likely  to  become 
friendly  to  the  government  of  their  adopted  country. 
Such  a  one  is  also  likely  to  become  indifferent  to  the  main 
events  of  recent  history  in  his  native  country.  To  guard 
against  such  a  person  being  elected,  the  Constitution  re- 
quires a  continuous  residence  in  this  country  of  fourteen 


182 


CIVIL   GOVERNMENT. 


years.  This  provision  affords  opportunity  to  become  ac- 
quainted with  the  workings  of  the  government.  Excep- 
tions to  this  are  persons  who  serve  as  ambassadors,  minis- 
ters, consuls,  and  those  travelling  abroad  for  short  periods. 

COMPARISON  OP   QUALEFIOATIONS. 


Office. 

Age. 

Length  of 
Citizenship. 

Kepresentative 

Senator 

25  years. 
30  years. 
35  years. 

7  years. 
9  years. 
Native  born. 

President 

Qualifications  of  Vice-President. — As  the  Vice-Presi- 
dent may  succeed  the  President,  it  is  necessary  that  he 
should  possess  the  same  qualifications.  The  Constitution 
has  provided  that  "  no  person  constitutionally  ineligible  to 
the  office  of  President  shall  be  eligible  to  that  of  Vice- 
President  of  the  United  States." 


In  Case  of  Removal  of  the  President,  his  Powers  to  devolve  upon 
the  Vice-President. 

6.  In  case  of  the  removal  of  the  President  from  ofiQce,  or 
of  his  death,  resignation,  or  inability  to  discharge  the 
povrers  and  duties  of  the  said  oflBce,  the  same  shall  de- 
volve on  the  Vice-President,  and  the  Congress  may  by 
la-w  provide  for  the  case  of  removal,  death,  resignation, 
or  inability,  both  of  the  President  and  Vice-President,  de- 
claring -what  ofiBcer  shall  then  act  as  President,  and  such 
ofiBcer  shall  act  accordingly,  until  the  disability  be  removed, 
or  a  President  shall  be  elected. 


Presidential  Vacancies. — The  Vice-President  is   Presi- 
dent of  the  Senate,  but  as  this  office  can  be  easily  filled  by 


THE   EXECUTIVE   DEPARTMENT.  183 

one  of  the  Senators,  it  would  appear  that  the  Vice-Presi- 
dent is  really  useless  in  the  management  of  the  government. 
His  main  office  is  to  succeed  the  President  when  the  latter 
dies,  resigns,  or  is  impeached.  This  is  a  very  good  arrange- 
ment, as  it  would  take  a  long  time  to  elect  a  successor, 
while  by  this  system  the  Vice-President  is  made  President 
a  few  hours  after  that  office  becomes  vacant.  It  is  a  very 
serious  thing  to  allow  a  country  to  be  without  a  head  even 
for  a  short  time,  as  much  mischief  could  be  done  by  persons 
discontented  with  the  government. 

Vice-Presidents  who  have  become  Presidents : 

1.  John  Tyler,  on  death  of  William  H.  Harrison    .   .    .  1841. 

2.  Millard  Fillmore,  on  death  of  Zachary  Taylor.    .    .    .  1860. 

3.  Andrew  Johnson,  on  death  of  Abraham  Lincoln    .    .  1865. 

4.  Chester  A.  Arthur,  on  death  of  James  A.  Garfield .    .  1881. 
6.  Theodore  Roosevelt,  on  death  of  William  McKinley  .  1901. 

When  the  Vice-President  succeeds  the  President  the 
country  is  without  a  Vice-President.  No  one  is  elected  to 
fill  this  office,  as  it  is  not  very  important,  and  the  president 
pro  tempore  can  perform  the  Vice-President's  duties  in  the 
Senate.  When  the  Vice-President  dies  no  one  succeeds 
to  the  office,  and  the  vacancy  is  allowed  to  continue  for  the 
remainder  of  the  term.  Since  the  beginning  of  the  govern- 
ment, in  no  administration  have  there  been  vacancies  in 
both  offices. 

Presidential  Succession. — Congress  further  has  the 
power  to  say  who  shall  become  President  when  the  Presi- 
dential and  Vice-Presidential  offices  both  become  vacant. 
In  1791  a  law  was  enacted  to  meet  such  an  emergency. 
It  provided  that  in  such  an  event  the  president  pro  tempore 


184  CIVIL   GOVERNMENT. 

or  the  Speaker  of  the  House  would  become  President. 
This  would  be  very  wrong,  because  either  of  these  might  be 
of  a  different  party,  and  hence  the  people  who  elected  a 
man  of  one  party  might  be  represented  by  a  person  of  an 
opposite  party. 

In  1886  a  law  was  made  fixing  the  order  of  succession  to 
the  Presidency.  It  was  called  the  "  Presidential  Succession 
Law."  By  this,  when  both  President  and  Vice-President 
are  incapable,  the  members  of  the  cabinet  succeed  in  the 
order  in  which  the  offices  were  originally  created,  viz. : 

1.  Secretary  of  State. 

2.  Secretary  of  Treasury. 

3.  Secretary  of  War. 

4.  Attorney-General. 

5.  Postmaster-General. 

6.  Secretary  of  the  Navy. 

7.  Secretary  of  the  Interior. 

8.  Secretary  of  Agriculture. 

The  members  of  a  cabinet  are  of  the  same  political  party 
as  the  President,  hence,  when  any  one  of  these  succeeds, 
the  right  party  is  still  representing  the  people.  These 
men  are  also  familiar  with  the  purposes  of  the  administra- 
tion, and  could  carry  them  out  without  mistake  or  delay. 
If  any  cabinet  officer  does  not  possess  the  qualifications 
of  President  he  is  passed  by,  and  the  next  one  in  order 
succeeds  to  the  position. 

When  a  Vice-President  or  cabinet  officer  becomes  Presi- 
dent, he  receives  the  salary  of  this  office  and  ceases  to 
hold  his  old  office. 

In  the  republic  of  France  there  is  no  Vice-President. 
V^hen  President  Faure  died,  in  1899,  the  Legislature  of 
France  was  called  together  and  M.  Loubet  was  chosen. 


THE   EXECUTIVE   DEPARTMENT.  185 

President's  Compensation. 

7.  The  President  shall,  at  stated  times,  receive  for  his  ser- 
vices a  compensation,  vrhich  shall  neither  be  increased  nor 
diminished  during  the  period  for  "which  he  shall  have  been 
elected,  and  he  shall  not  receive  within  that  period  any- 
other  emolument  from  the  United  States,  or  any  of  them. 

Salary  of  the  President. — For  performing  the  duties  of 
his  office  the  President  should  receive  some  salary  or  com- 
pensation. We  frequently  find  very  bright  men  among 
people  who  are  not  wealthy.  If  there  were  no  salary  at- 
tached to  this  office  men  of  this  kind  would  be  kept  out. 
From  1789  to  1873  the  salary  of  the  President  was  twenty- 
five  thousand  dollars  a  year.  After  1873  it  was  increased 
to  fifty  thousand  dollars  a  year.  Grant  was  the  first  Presi- 
dent to  receive  the  increase.  The  salary  of  the  Vice-Presi- 
dent has  always  been  the  same, — viz.,  eight  thousand  dollars 
a  year. 

No  increase  or  decrease  can  be  made  in  the  salary  of  a 
President  during  his  term.  If  such  a  bill  were  passed  he 
could  easily  sign  it  if  it  were  to  increase  his  salary,  and  if  it 
proposed  a  decrease  in  his  salary  he  could  just  as  readily 
veto  it.  If  Congress  were  allowed  to  decrease  the  salary 
of  a  President  it  might  use  it  as  a  means  to  force  him 
out  of  his  position.  Again,  a  dishonest  man  might  make 
many  promises  of  offices  to  Congressmen  in  return  for  an 
increase  of  salary. 

During  the  time  for  which  a  President  is  elected  he  can 
receive  no  gift  or  emolument  fi*om  the  United  States  or  from 
any  State.  The  object  of  this  is  to  prevent  any  one  from 
influencing  the  President  in  any  of  his  actions.  He  may, 
however,  accept  a  present  from  any  private  citizen.  Every 
President  receives  many  gifts  from  people  in  different  parts 
of  the  country. 


186  CIVIL   GOVERNMENT. 

In  comparison  with  the  rulers  of  other  nations,  our  Presi- 
dent's salary  is  very  small. 


Title  of  Office. 


Salary. 


President  of  United  States 
King  of  England  .... 
Emperor  of  Austria  .  .  . 
King  of  Belgium  .... 
President  of  Mexico  .  .  . 
President  of  France    .    .    . 


150,000 
4,000,000 
4,650,000 

760,000 
80,000 

120,000 


His  Oath. 

8.  Before  he  enter  on  the  execution  of  his  ofiBce  he  shall 
take  the  following  oath  or  aflarmation : 

"  I  do  solemnly  swear  (or  afiBrni)  that  I  will  faithfully  exe- 
cute the  ofiBce  of  President  of  the  United  States,  and  will, 
to  the  best  of  my  ability,  preserve,  protect,  and  defend  the 
Constitution  of  the  United  States." 

President's  Oath  or  Affirmation. — To  make  the  Presi- 
dent responsible  for  the  conduct  of  his  office,  he  must,  at 
the  beginning  of  his  term,  take  either  an  oath  or  an  affirma- 
tion. An  oath  or  an  affirmation  both  have  the  same  effect ; 
but  persons  have  different  views  on  this  subject,  and  thus 
a  choice  is  provided.  An  oath  is  a  declaration  or  promise 
to  act  properly.  When  taking  an  oath  the  Bible  is  used, 
thus  making  the  occasion  more  solemn.  An  affirmation  is  a 
^declaration  or  promise  to  act  properly.  Such  promise  is 
made  without  the  use  of  the  Bible. 

The  oath  of  office  is  given  to  the  President  by  the 
Chief  Justice  of  the  United  States  Supreme  Court  on  inaugu- 
ration day.  This  day  is  the  4th  of  March  of  every  fourth 
year.     After  the  oath  has  been  taken  the  President  gen- 


THE  EXECUTIVE   DEPARTMENT.  187 

erally  makes  an  address  to  the  assembled  people.  It  is  on 
this  occasion  that  he  outlines  his  policy  by  giving  his  views 
upon  important  questions. 

The  Vice-President  takes  the  oath  of  office  in  the  pres- 
ence of  the  Senate  on  the  same  day  as  the  President, — i.e., 
4th  of  March.  His  oath  is  the  same,  with  the  change  that 
he  promises  to  execute  the  office  of  Vice-President  instead 
of  that  of  President. 

Power  and  Duties  of  the  President. 

Seo.  n.  1.  The  President  shall  be  Oominander-in-Ohief  of 
the  Army  and  Navy  of  the  United  States,  and  of  the  militia 
of  the  several  States,  when  called  into  the  actual  service  of 
the  United  States ;  he  may  require  the  opinion,  in  writing, 
of  the  principal  oflacer  in  each  of  the  Executive  Depart- 
ments, upon  any  subject  relating  to  the  duties  of  their  re- 
spective offices,  and  he  shall  have  pow^er  to  grant  reprieves 
and  pardons  for  offences  against  the  United  States,  except 
in  oases  of  impeachment. 

President  as  Commander. — The  President,  by  virtue  of 
his  office,  is  commander-in-chief  of  the  regular  army  and 
navy,  and  also  of  the  militia  of  the  States  when  it  is  called 
into  actual  service.  If  Congress  had  control  of  the  army  and 
navy  it  would  require  too  much  time  for  it  to  decide  on 
every  movement  that  should  be  made.  Secrecy  could  not 
well  be  maintained  in  such  a  large  body,  and  disputes  might 
be  the  cause  of  lost  opportunities.  As  the  President  exe- 
cutes the  laws,  and  the  army  and  navy  help  him  in  this, 
he  should  have  charge  of  their  direction. 

By  this  clause  it  is  not  meant  that  the  President  should 
actually  go  to  the  field  of  battle,  but  that  he  can  direct  the 
operations  of  the  commanders  while  he  remains  in  the 
Capitol.  If  he  were  compelled  to  take  the  field  he  might 
be  killed,  and  thus  the  office  might  be  changing  hands  con- 


188  CIVIL   GOVERNMENT. 

tinually.     During  the  entire  Civil  War  Lincoln  was  never 
far  away  from  the  city  of  Washington. 

Cabinet  Officers. — The  business  of  the  government  is 
1'  very  extensive,  and  cannot  be  performed  alone  by  the  Presi- 
dent, hence  the  business  is  divided  into  nine  main  parts, 
each  being  under  the  direction  of  a  cabinet  officer  and  his 
assistants.  Each  part  has  different  work  to  do.  A  cabinet 
officer  is  one  who  advises  the  President,  and  performs  part 
of  the  work  of  conducting  the  business  of  the  government. 

1.  Secretary  of  State,  established  1789. 

2.  Secretary  of  the  Treasury,  established  1789. 

3.  Secretary  of  War,  established  1789. 

4.  Attorney- General,  established  1789. 

6.  Secretary  of  the  Navy,  established  1798. 

6.  Postmaster-General,  established  1829. 

7.  Secretary  of  the  Interior,  established  1849. 

8.  Secretary  of  Agriculture,  established  1888. 

9.  Secretary  of  Commerce  and  Labor,  established  1903. 

The  office  of  Postmaster-General  was  an  old  one,  but  the 
occupant  only  became  a  cabinet  officer  in  1829. 

The  cabinet  officers  are  appointed  by  the  President  with 
the  consent  of  the  Senate.  They  are  of  the  same  political 
party  as  the  President.  They  serve  for  no  fixed  term,  but 
may  be  removed  at  any  time  by  the  President.  The  salary 
of  each  cabinet  officer  is  eight  thousand  dollars  a  year. 

The  State  Department  deals  with  foreign  mattets.     It 
'  instructs  the  ambassadors,  ministers,  and  consuls.    All  com- 
missions for  office  are  issued  by  this  department.     It  pre- 
serves all  bills  which  have  become  laws.     It  grants  pass- 
ports, insuring  safety,  to  citizens  who  desire  to  travel  abroad. 

The  Treasury  Department  takes  care  of  all  moneys.  It 
receives  money  from  taxes,  and  pays  out  money  in  accord- 


THE   EXECUTIVE   DEPARTMENT.  189 

ance  with  the  appropriations  made  by  Congress.  It  con- 
ducts the  collection  of  duties  and  customs  by  means  of 
agents  throughout  the  country.  The  mints  are  under  the 
control  of  this  department,  as  are  also  the  following : 

1.  Life-Saving  Service. 

2.  Light-Houses. 

3.  Coast  Survey. 

The  Department  of  War  has  general  charge  of  the  arm- 
ing and  organizing  of  the  army  and  the  appointment  of 
officers,  and  of  the  Military  Academy  at  West  Point.  It 
has  charge  and  care  of  the  national  cemeteries. 

The  Navy  Department  has  general  charge  of  the  navy. 
The  Naval  Academy  at  Annapolis  is  under  its  care.  It  has 
general  charge  of  navy-yards,  arsenals,  and  forts,  and  under 
its  supervision  war-ships  are  constructed.  It  also  issues 
maps  and  charts  relating  to  navigation. 

The  Post-Oflace  Department  has  charge  of  establishing 
post-offices,  superintends  the  working  of  the  department, 
and  makes  contracts  for  carrying  the  mail. 

The  Department  of  the  Interior  has  charge  of  the 
public  lands.  Territories,  Indian  affairs,  pensions,  patents, 
copyrights,  and  the  taking  of  the  census. 

The  Attorney-General  gives  advice  to  the  government 
on  legal  questions.  He  defends  the  United  States  when 
any  question  involving  it  is  concerned. 

The  Department  of  Agriculture  endeavors  to  improve 
the  agricultural  interests  of  the  country.  It  purchases  and 
distributes  seeds  of  various  kinds.  It  also  publishes  new 
and  improved  methods  of  agriculture.  Experimental  sta- 
tions are  located  in  various  States.  Here  experiments  with 
plants  are  made,  with  the  object  of  obtaining  better  prod- 


190  CIVIL   GOVERNMENT. 

ucts.     Any  improved  methods  being  discovered,  the  results 
are  printed  and  sent  free  of  charge  to  farmers. 

The  Department  of  Coniinerce  and  Labor  fosters,  pro- 
motes, and  develops  the  foreign  and  domestic  commerce, 
the  mining,  manufacturing,  shipping,  and  fishing  industries, 
the  labor  interests,  and  the  transportation  facilities  of  the 
United  States. 

Reprieves  and  Pardons. — A  reprieve  is  a  suspension  of 
the  sentence  of  a  court  for  a  short  time.  A  person  might 
be  sentenced  to  death,  and  nevsr  evidence,  which  might  prove 
him  innocent,  might  be  found.  Without  the  power  of  re- 
prieve nothing  could  be  done  to  prevent  the  execution  of  • 
the  punishment.  A  reprieve  simply  postpones  the  execu- 
tion of  a  sentence.  When  the  time  of  the  reprieve  expires 
the  sentence  of  the  court  is  carried  out. 

A  pardon  is  an  absolute  release  from  prison  of  any  one 
convicted  of  crime.  When  any  one  receives  a  pardon  such 
person  is  again  free,  and  cannot  be  retried  for  the  same 
offence. 

The  object  of  reprieves  and  pardons  is  to  have  a  means 
of  securing  justice  to  a  convicted  innocent  person.  A  per- 
son may  be  convicted  of  some  crime.  After  serving  some 
time  in  prison  it  is  discovered  that  he  is  guiltless.  He 
should  be  released,  and  this  release  could  only  be  accom- 
plished by  means  of  a  pardon.  The  President  has  this 
power  only  in  United  States  matters,  such  as  counterfeiting, 
smuggling,  robbing  the  mails,  etc.  In  offences  against  State 
laws  he  has  no  power.  There  is  but  one  exception  to  the 
use  of  this  pardoning  power  by  the  President,  and  that  is 
where  a  person  has  been  impeached  and  found  guilty. 

General  William  Hull  was  an  officer  for  the  Americans 
during  the  Revolution.  During  the  War  of  1812  he  was 
placed  in  command  of  another  force.     He  was  located  with 


THE   EXECUTIVE   DEPARTMENT.  191 

his  troops  at  Detroit.  The  British  besieged  the  place,  and 
Hull,  without  any  attempt  at  defence,  surrendered  the 
place  to  the  enemy.  Much  dissatisfaction  was  caused  by 
this  action.  Hull  was  tried  by  court-martial,  convicted 
of  cowardice,  and  sentenced  to  be  shot.  President  Madi- 
son, using  his  power  as  commander-in-chief  of  the  army, 
pardoned  him.  The  pardon  was  granted  in  consideration 
of  the  many  good  services  he  had  rendered  during  the 
Revolutionary  War. 

President  may,  with  Concurrence  of  Senate,  make  Treaties,  ap- 
point Ambassadors,  etc.— Authority  of  Cong-ress 
over  Appointment  of  Inferior  Oflacers. 

2.  He  shall  have 'power,  by  and  with[  the  advice  and  con- 
sent of  the  Senate,  to  make  treaties,  provided  two-thirds 
of  the  Senators  present  concur ;  and  he  shall  nominate,  and, 
by  and  with  the  advice  and  consent  of  the  Senate,  shall 
appoint  ambassadors,  other  public  ministers  and  consuls, 
judges  of  the  Supreme  Court,  and  all  other  oflacers  of  the 
United  States  whose  appointments  are  not  herein  other- 
wise provided  for,  and  which  shall  be  established  by  law ; 
but  the  Congress  may  by  law  vest  the  appointment  of 
such  inferior  oflBcers  as  they  think  proper  in  the  Presi- 
dent alone,  in  the  courts  of  law,  or  in  the  heads  of  de- 
partments. 

Treaties. — An  agreement  between  two  or  more  countries 
on  any  subject  which  concerns  them  is  called  a  Treaty. 
Treaties  generally  relate  to : 

1.  The  settlement  of  a  war. 

2.  Fisheries. 

3.  Boundaries. 

4.  Exchange  of  fugitives  from  justice. 
6.  Commerce. 

Method  of  making  a  Treaty. — Whenever  there  is  need 
of  a  treaty  commissioners  are  appointed  by  the  countries 
concerned.    In  the  United  States  these  commissioners  are 


192  CIVIL   GOVERNMENT. 

appointed  by  the  President.  They  meet  at  a  certain  place 
to  discuss  the  matter  which  they  are  to  consider,  and  make 
a  written  treaty.  The  work  of  the  commissioners  is  then 
over.  They  take  the  treaty  to  the  countries  from  which 
they  came.  Before  the  treaty  can  go  into  effect  it  must  be 
ratified  by  all  the  countries  concerned.  In  the  United  States 
a  treaty  needs  to  be  ratified  by  the  Senate  only.  This  is 
because  Senators  are  men  of  higher  qualifications  and  a 
treaty  is  more  of  a  national  matter,  and  concerns  the  States 
more  than  the  people.  The  Senate,  being  a  smaller  body 
than  the  House,  can  discuss  a  treaty  more  fully  and  at  the 
same  time  with  more  secrecy.  As  a  treaty  is  a  very  im- 
portant measure,  two-thirds  of  the  Senators  present,  pro- 
vided such  number  be  a  quorum,  must  vote  for  it  before  it 
can  be  ratified.  After  a  treaty  is  ratified  by  the  Senate  it  is 
preserved  by  the  Secretary  of  State.  When  a  treaty  is  rati- 
fied by  all  the  countries  concerned  it  is  a  law  of  these  coun- 
tries, and  must  be  obeyed  by  the  citizens  of  each. 

1.  With  England,  signed  at  Paris,  1783. 

2.  Jay's  Treaty,  with  England,  1795. 

3.  With  England,  signed  at  Ghent,  1814. 

4.  With  Spain,  cession  of  Florida,  1819. 

5.  With  England,  1842,  northeast  boundary. 

6.  With  England,  1846,  northwest  boundary. 

7.  With  Mexico,  1848. 

8.  With  Japan,  1854. 

9.  With  England,  1871. 
10.  With  Spain,  1899. 

The  treaty  with  England  in  1783  ended  the  Revo- 
lutionary War.  The  independence  of  the  United  States  was 
acknowledged  and  the  following  boundaries  fixed:  the 
Atlantic  Ocean  on  the  east,  the  Mississippi  on  the  west, 
Florida  on  the  south,  and  the  Great  Lakes  and  Canada  on 
the  north. 


Treaties  of  the 
United  States 


THE  EXECUTIVE  DEPARTMENT.         193 

Jay's  Treaty  provided  for  a  more  thorough  method  of 
carrying  out  the  provisions  of  the  Treaty  of  1783.  The 
treaty  made  by  Jay  in  1795  was  very  unpopular  in  the 
United  States.  Many  people  believed  that  England  received 
greater  advantages  from  the  questions  involved  than  did  the 
United  States.  President  Washington,  however,  thought 
that  it  was  the  best  that  could  be  secured  at  that  time.  It 
was  ratified  by  the  Senate  after  violent  opposition. 

The  third  treaty  with  England,  in  1814,  ended  the 
second  war  with  that  country.  This  war  put  an  end  to 
the  searching  of  our  ships  at  sea  by  Great  Britain. 

The  Treaty  of  1842  was  made  by  Daniel  Webster  and 
Lord  Ashburton.  It  is  sometimes  known  as  the  "Ash- 
burton  Treaty."  It  fixed  the  present  boundary  between 
Maine  and  Canada. 

The  Treaty  of  1846  dealt  with  the  northwest  boundary 
dispute  between  our  country  and  Great  Britain.  The  land 
in  dispute  was  so  little  known  at  the  beginning  of  the  nine- 
teenth century  that  no  one  talked  very  much  about  it.  A 
few  explorers,  however,  brought  back  such  glowing  accounts 
of  its  richness  that  it  soon  began  to  be  populated.  England 
laid  claim  to  it,  and  for  some  years  we  were  on  the  verge 
of  another  war  with  that  nation.  When  Polk  was  nomi- 
nated for  the  Presidency  the  cry  of  our  people  was,  "  54-40, 
or  fight ;"  meaning  that  our  territory  extended  to  54°  40' 
north  latitude.     Our  claim  was  based  on : 

1.  The  explorations  of  Lewis  and  Clark,  sent  out  by  President 
Jefferson. 

2.  Dr.  Whitman's  journey  there. 

The  difficulty  was  finally  adjusted  by  a  treaty  between  the 
two  countries,  in  which  the  boundary  was  fixed  at  the  forty- 


194  CIVIL   GOVERNMENT. 

ninth  parallel.     This  gave  a  share  of  the  disputed  territory 
to  each  country. 

The  treaty  with  Mexico  in  1848  ended  the  war  with 
that  country.    The  following  were  the  results  of  that  treaty : 

1.  The  boundary  of  Texas  was  fixed  at  the  Rio  Grande. 

2.  The  independence  of  Texas  was  acknowledged. 

3.  Mexico  received  fifteen  million  dollars  for  the  cession  of  Cali- 
fornia and  New  Mexico. 

The  treaty  with  Japan,  made  through  the  efforts  of 
Commodore  Perry,  opened  the  ports  of  that  country  to 
American  commerce  in  1854. 

No  treaty  was  made  at  the  close  of  the  Civil  War  because 
the  South  had  no  recognized  standing  as  a  nation,  and  hence 
could  not  make  one. 

Treaty  of  Washington. — For  some  years  previous  to 
1871  there  were  several  questions  in  dispute  between  Great 
Britain  and  the  United  States.  These  at  one  time  almost 
led  to  hostilities.  President  Grant  avoided  this  trouble  by 
suggesting  the  appointment  of  commissioners  by  each  coun- 
try to  arrange  a  treaty.  These  men  met  in  Washington  in 
1871,  and  the  treaty  has  since  been  called  the  "Treaty  of 
Washington."     It  provided  for  the  settlement  of: 

1.  The  Alabama  claims. 

2.  The  fisheries  dispute. 

3.  The  northwest  boundary. 

The  Alabama  claims  were  settled  by  commissioners 
from  England,  United  States,  Italy,  Switzerland,  and  Brazil. 
A  majority  of  these  men  were  to  decide  the  question.  They 
met  at  Geneva,  Switzerland.  In  1872  the  decision  was  an- 
nounced, awarding  to  the  United  States  fifteen  million  five 


THE   EXECUTIVE   DEPARTMENT.  195 

hundred  thousand  dollars  for  damages  to  American  com- 
merce by  various  Confederate  privateers  which  were  fitted 
out  in  England  while  the  Civil  War  was  in  progress.  This 
money  did  not  go  into  the  United  States  Treasury,  but 
was  divided  among  the  ship-owners  whose  vessels  were 
either  destroyed  or  captured  by  these  privateers. 

The  Fisheries  Commission  met  at  Halifax,  Nova  Scotia, 
and  awarded  England  five  million  five  hundred  thousand 
dollars  damages.  The  English  claimed  that  the  Americans 
were  using  the  Canadian  fishing-banks  to  the  detriment  of 
the  Canadians. 

The  boundary  dispute  was  in  reference  to  the  limit  of 
authority  on  the  waters  northwest  of  Washington  State  and 
south  of  Vancouver  Island.  Emperor  William  of  Germany 
was  appointed  to  decide  this  dispute.  He  drew  the  present 
boundary,  and  gave  to  the  State  of  Washington  the  Island 
of  San  Juan.  This  decision  did  not  give  either  country  a 
large  tract  of  land.  Its  importance  was  in  fixing  the  juris- 
diction between  two  countries.  Heretofore  this  section  was 
under  no  particular  authority,  and  criminals  by  taking  refuge 
here  could  impede  justice. 

The  treaty  with  Spain  was  ratified  in  1899.  It  ended 
the  Spanish-American  War,  and  provided  for  the  following : 

1.  The  cession  of  Porto  Rico,  Sulu  Islands,  Guam  of  the  Ladrones, 
and  the  Philippine  Islands  to  the  United  States. 

2.  The  relinquishment  of  all  authority  over  Cuba.  This  country 
being  placed  under  the  jurisdiction  of  the  United  States  until  the 
Cubans  show  themselves  capable  of  self-government. 

3.  The  payment  by  the  United  States  to  Spain  of  twenty  million 
dollars  for  the  government  buildings  and  other  improvements  in  the 
Philippines, 


196  CIVIL   GOVERNMENT. 

Appointments. — The  men  who  hold  the  highest  offices 
under  the  government  are  appointed  by  the  President ;  but 
his  appointments  must  be  confirmed  by  a  majority  of  the 
Senate  before  the  persons  appointed  can  assume  control  of 
such  offices.  Confirming  a  man  for  a  position  means  that  the 
consent  of  the  Senate  must  be  obtained  before  he  is  properly 
qualified.  Incapable  and  improper  men  are  thus  prevented 
from  occupying  positions  of  honor,  trust,  and  profit.  When 
the  Senate  refuses  to  give  its  consent  to  the  nomination  of 
a  man  another  nominee  must  be  selected  or  nominated  by 
the  President.  Among  officers  whose  nominations  must  be 
sent  to  the  Senate  for  confirmation  are : 

1.  Ambassadors. 

2.  Public  ministers. 

3.  Consuls. 

4.  Judges  of  the  Supreme  Court. 

5.  Other  subordinate  officers  not  mentioned  in  the  Constitution. 

Ambassadors,  Ministers,  Consuls. — To  look  after  the 
interests  of  American  citizens,  commerce,  etc.,  three  kinds 
of  representatives  of  the  United  States  are  sent  to  the  dif- 
ferent countries  and  cities  of  the  world.  An  ambassador 
is  a  representative  of  the  highest  rank  sent  from  one  coun- 
try to  another.  A  minister  is  a  representative  of  a  country 
to  another  country  whose  importance  is  not  so  great.  Both 
the  ambassadors  and  ministers  reside  at  the  capital  of  the 
country  to  which  they  are  sent.  There  are  at  this  time 
ambassadors  to : 

1.  Great  Britain. 

2.  France. 

3.  Germany. 

4.  Italy. 

5.  Russia. 

6.  Mexico, 


THE   EXECUTIVE   DEPARTMENT.  197 

A  consul  is  a  representative  to  a  commercial  or  manu- 
facturing city.  While  ambassadors  and  ministers  are  sent 
to  the  different  countries,  a  consul  is  sent  only  to  a  city. 
Consuls  look  particularly  after  the  commercial  side,  en- 
deavoring to  find  opportunities  for  the  introduction  and 
extension  of  American  products.  They  also  examine  the 
invoices  of  the  cargoes  of  ships  to  ascertain  whether  a  cor- 
rect statement  has  been  made.  They  assist  Americans 
abroad  in  various  ways. 

Ambassadors,  ministers,  and  consuls  have  no  fixed  tenure 
of  office.  It  seldom  lasts  longer  than  four  years,  but  when 
the  same  political  party  remains  in  office  for  a  second  term, 
the  representatives  generally  remain  throughout  the  entire 
term.  It  is  only  when  the  administration  changes  that  other 
representatives  are  sent. 

Appointment  of  Other  Oflacers. — Many  other  officers 
must  be  confirmed  by  the  Senate.  When  the  Constitution 
was  adopted  it  was  not  known  just  what  officers  would  be 
needed  in  the  future.  Not  being  able  to  foretell  this,  and 
wishing  the  Senate  to  have  some  power  over  their  appoint- 
ments, this  statement  was  inserted,  "  and  all  other  officers 
whose  appointments  are  not  herein  otherwise  provided  for 
by  law."  Among  such  officers,  whose  positions  have  been 
esfablished  by  law,  are : 

1.  Cabinet  officers. 

2.  Postmasters. 

3.  Collectors  of  customs. 

4.  Judges  of  the  District  and  Circuit  Court?. 

5.  United  States  District  Attorneys. 

6.  Directors  of  the  mints. 

7.  Officers  in  the  army  and  navy. 

8.  Commissioner  of  Immigration. 

9.  Governors  of  Territories. 


198  CIVIL   GOVERNMENT. 

This  confirmation  should  only  be  required  in  the  higher 
offices.  It  would  keep  the  Senate  very  busy  to  confirm  the 
nomination  of  every  clerk,  watchman,  book-keeper,  and  let- 
ter-carrier in  the  United  States.  All  of  these  occupy  in- 
ferior positions,  and  the  President  and  Senate  should  not 
be  troubled  with  their  selection  and  confirmation.  The 
Constitution  wisely  says  that  minor  officers  may  be  ap- 
pointed by  the  chief  officers  under  whom  they  are  to  serve 
without  the  confirmation  of  the  Senate.  For  instance,  the 
judges  of  the  courts  appoint  their  workers,  and  the  heads 
of  the  departments,  meaning  thereby  the  cabinet  officers, 
appoint  the  inferior  officers  in  their  departments. 

Although  the  consent  of  the  Senate  is  necessary  in  some 
cases  to  secure  an  office,  yet  whenever  the  President  be- 
comes dissatisfied  with  the  action  of  any  of  the  occupants 
of  these  offices  he  may  remove  him  without  the  consent  of 
that  body.  This  was  different  at  one  time.  During  Presi- 
dent Johnson's  administration  a  law  was  enacted,  known 
as  the  "  Tenure  of  Office  Act,"  which  forbade  the  President 
to  remove  any  one  from  office  without  the  consent  of  the 
Senate.  Johnson,  however,  violated  this  law  by  removing 
the  Secretary  of  War,  E.  M.  Stanton.  This  was  the  direct 
cause  of  his  impeachment.  He  was  acquitted.  This  act 
was  repealed  in  1887,  so  that  now  the  President  may  re- 
move any  one  with  whom  he  is  dissatisfied. 

President  may  fill  Vacancies  in  Ofiice  during-  Recess  of  Senate. 

3.  The  President  shall  have  power  to  fill  up  all  vacancies 
that  may  happen  du.  ing  the  recess  of  the  Senate,  by  grant- 
ing coniniissions  which  shall  expire  at  the  end  of  their  next 
session. 

Power  of  the  President  to  fill  Vacancies. — A  commis- 
sion is  a  paper  signed  by  the  President  and  given  to  a  per- 


THE   EXECUTIVE   DEPARTMENT.  199 

son  who  is  appointed  to  an  office.  It  shows  that  the  person 
holding  it  is  properly  authorized  to  perform  the  duties  of 
that  particular  office.  When  the  Senate  is  in  session 
many  officers  must  be  confirmed  before  they  can  receive 
their  commissions.  If  a  vacancy  happen  while  the  Senate 
is  in  session,  another  person  is  immediately  selected  by 
the  President,  and  his  nomination  is  acted  upon  by  the 
Senate. 

During  the  recess  or  adjournment  of  the  Senate  many 
vacancies  occur.  If  these  could  not  be  filled  because  the 
Senate  was  not  in  session,  important  work  of  the  govern- 
ment might  be  left  undone.  To  call  the  Senate  together  in 
extra  session  for  the  single  purpose  of  ratifying  a  nomina- 
tion would  be  too  expensive.  The  President  in  such  cases 
may  issue  commissions  to  persons  without  the  consent  of 
the  Senate.  These  commissions,  however,  last  only  till  the 
end  of  the  next  session  of  the  Senate.  The  commission 
granted  by  the  President  is  only  temporary.  When  the 
Senate  meets  in  regular  session  it  becomes  the  President's 
duty  to  send  in  another  nomination,  which,  if  confirmed, 
would  be  for  the  regular  term  of  office. 

The  Senate  at  the  opening  of  each  session  is  occupied 
with  much  important  business.  If  the  President's  com- 
missions expired  at  the  beginning  of  the  session  the  work 
would  be  much  increased.  To  avoid  this,  these  commis- 
sions expire  at  the  end  of  the  session.  Again,  the  Senate 
might  refuse  to  confirm  the  nominations  sent  by  the  Presi- 
dent. If  the  commissions  granted  by  the  President  were 
to  expire  at  the  beginning  of  the  session  the  offices  might 
be  vacant  during  the  entire  time  that  the  Senate  was  in 
session,  because  of  its  failure  to  confirm  the  nominee.  Hence 
the  commissions  last  until  the  end  of  the  session. 

Appointments  to  which  the  approval  of  the  Senate  is 


200  CIVIL   GOVERNMENT. 

necessary  are  here  meant.  Appointments  vested  in  the 
heads  of  departments  and  courts  of  law  may  be  made  at 
any  time  without  further  action. 

Further  Powers  and  Duties. 

Sec.  m.  He  shall  from  time  to  time  give  to  the  Congress 
information  of  the  state  of  the  Union,  and  recommend  to 
their  consideration  such  measures  as  he  shall  judge  neces- 
sary and  expedient;  he  may,  on  extraordinary  occasions, 
convene  both  Houses,  or  either  of  them,  and,  in  case  of 
disagreement  between  them  with  respect  to  the  time  of 
adjournment,  he  may  adjourn  them  to  such  time  as  he  shall 
think  proper;  he  shall  receive  ambassadors  and  other 
public  ministers ;  he  shall  take  care  that  the  laws  be  faith- 
fully executed,  and  shall  commission  all  the  oflBcers  of  the 
United  States. 

Different  Duties  of  the  President. — "  He  shall  from 
time  to  time  give  to  the  Congress  information  of  the  state  of 
the  Union."  The  President  does  this  by  means  of  commu- 
nications, either  oral  or  written.  These  communications  are 
called  "messages."  Washington  and  John  Adams  read 
their  messages  to  Congress,  but,  beginning  with  Jefferson, 
all  the  Presidents  since  that  time  have  sent  written  com- 
munications to  both  houses. 

When  the  country  is  in  a  bad  condition  it  may  be  neces- 
sary to  send  frequent  messages,  while  in  times  of  prosperity 
but  few  are  sent.  Congressmen  do  not  know  everything 
which  occurs  in  conducting  the  government,  and  the  mes- 
sages which  are  sent  give  them  information  so  that  they 
can  act  wisely  on  the  recommendations  of  the  President. 

Extraordinary  Sessions. — Congress  meets  every  year  in 
regular  session.  This  session  seldom  lasts  more  than  six 
months.  When  their  business  is  finished  they  adjourn. 
Various  things  might  happen  during  the  recess  which  wc^^^ 


THE   EXECUTIVE   DEPARTMENT.  201 

require  the  immediate  attention  of  Congress.  In  such 
urgent  cases  the  President  has  the  power  to  call  an  ex- 
traordinary session.    This  he  does  by  proclamation. 

If  but  one  house  is  needed  to  transact  the  necessary 
business,  that  house  only  is  assembled ;  but  for  the  making 
of  laws  both  houses  are  convened.  Thus,  to  elect  a  Presi- 
dent when  the  electors  have  failed  would  require  the  House 
of  Representatives,  while  to  elect  a  Vice-President  or  to 
ratify  a  treaty  the  Senate  only  would  be  required. 

Some  instances  of  these  extraordinary  sessions  occurred 
in  the  following  administrations : 

John  Adams  (1797-1801),  French  affairs,  1797. 

James  Madison  (1809-1817),  English  affairs,  1809. 

Martin  Van  Buren  (1837-1841),  panic  of  1837. 

Harrison  and  Tyler  (1841-1845),  finance  and  revenue,  1841. 

Abraham  Lincoln  (1861-1865),  secession,  1861. 

Rutherford  B.  Hayes  (1877-1881),  to  appropriate  for  the  army,  1879. 

Grover  Cleveland  (1893-1897),  panic  of  1893. 

William  McKinley  (1897-1901),  finance  and  revenue,  1897. 

When  (kjngress  cannot  agree  on  a  date  for  adjournment 
the  President  may  interfere  and  name  the  date. 

The  President  receives  the  visits  of  all  representatives  of 
foreign  countries.  When  an  ambassador  from  a  foreign 
country  arrives  he  is  taken  by  the  Secretary  of  State  and 
introduced  to  the  President. 

One  of  the  most  important  duties  of  the  President  is  to 
see  that  the  laws  of  the  country  are  executed.  This  is 
accomplished  by  the  various  officers  under  the  government, 
the  President  doing  only  the  directing. 

The  laws  of  the  United  States  are : 

1.  The  Constitution. 

2.  All  bills  which  have  become  laws  since  1789. 

3.  All  treaties  which  have  been  made  since  1789. 


202 


CIVIL   GOVERNMENT. 


Duties  and  Powers 
of  the  President  of 
the  United  States  . 


Commander-in-chief  of  army  and  navy, 
and  of  the  militia  in  time  of  war. 

May  require  opinions  of  cabinet  officers. 

Grants  reprieves  and  pardons  in  offences 
against  the  United  States,  except  in 
cases  of  impeachment. 

"With  the  consent  of  the  Senate,  makes 
treaties. 

Nominates  officers,  with  consent  of  a 
majority  of  Senators. 

Fills  vacancies  during  recess  of  Senate. 

Sends  messages  to  Congress. 

May  call  extraordinary  sessions  of  Con- 
gress. 

May  fix  time  for  adjournment  of  Con- 
gress if  that  body  disagrees  as  to  a 
time. 

Keceives  ambassadors. 

Executes  the  laws  of  the  United  States. 

Issues  commissions  to  fill  vacancies  dur- 
ing the  recess  of  the  Senate. 


Of  Impeachment. 

Sec.  IV.  The  President,  Vice-President,  and  all  civil  oflB- 
cers  of  the  United  States,  shall  be  removed  from  oflflce  on 
impeachment  for,  and  conviction  of,  treason,  bribery,  or 
other  high  crimes  and  misdemeanors. 


Impeachment  of  Civil  Officers. — ^The  President,  Vice- 
President,  cabinet  officers,  and  judges  are  the  men  who 
perform  important  work  in  the  management  of  the  affairs 
of  the  land.  These  are  known  as  civil  officers.  A  civil 
officer  is  one  who  directly  helps  to  conduct  the  affairs  of 
the  government. 

Impeachment  is  the  accusation  against  a  person  for  im- 
proper conduct  in  office. 

Conviction  is  the  result  of  a  trial,  the  person  being  found 
guilty. 


THE   EXECUTIVE   DEPARTMENT.  203 

Treason  is  the  act  of  a  citizen  in : 

1.  Levying  war  against  the  United  States. 

2,  Giving  aid  and  comfort  to  the  enemies  of  the  United  States. 

Bribery  is  the  giving  of  something  of  value  to  influence 
the  action  of  a  person. 

Misdemeanor  is  any  wrong  action  committed  by  an  officer 
while  in  office. 

Treason  and  bribery  are  higher  misdemeanors  than  others, 
such  as  stealing  and  arson. 

All  civil  officers,  from  the  President  down  to  the  lowest 
under  the  government,  can  be  removed  from  office  when 
found  guilty  by  impeachment  by  the  Senate. 

Oourt-Martial. — While  civil  officers  are  tried  by  im- 
peachment for  various  misdemeanors,  military  officers  are 
tried  by  court-martial.  The  court  consists  of  a  number  of 
military  officers  appointed  to  try  the  case.  If  the  person  is 
found  guilty,  and  the  findings  of  the  court  are  approved, 
the  sentence  is  carried  out.  We  thus  see  that  military 
officers  are  held  accountable  for  their  actions  as  well  as 
civil  officers.  Privates  in  the  army  and  navy  are  also  tried 
by  court-martial. 

SUMMARY. 

1.  A  distinct  executive  branch  is  a  necessary  adjunct  to  every  gov- 
ernment. The  Constitution  provides  for  such  a  department.  The 
chief  officer  is  known  as  the  President. 

2.  The  President  is  not  elected  directly  by  the  citizens  but  by  Presi- 
dential electors.  The  number  of  these  in  the  several  states  varies 
according  to  population.  The  majority  of  the  entire  number  is  re- 
quired to  elect. 

3.  When  no  person  receives  a  majority  the  House  of  Representa- 
tives elects  the  President.  This  is  done  because  the  House  is  chosen 
directly  by  the  people. 


204  CIVIL   GOVERNMENT. 

4.  The  Vice-President  is  elected  in  the  same  manner  as  the  Presi- 
dent. When  the  electors  fail  to  choose  a  Vice-President  the  Senate 
makes  the  selection. 

5.  To  make  Presidential  elections  uniform  Congress  has  the  power 
to  appoint  the  day  for  the  election  of  electors.  Congress  has  fixed  the 
first  Tuesday  after  the  first  Monday  in  November  as  the  day. 

6.  The  President  and  Vice-President  must  have  the  same  qualifica- 
tions,— ^viz.,  natural  born,  thirty-five  years  of  age,  and  fourteen  years 
a  resident  of  the  United  States. 

7.  There  is  no  possibility  of  a  vacancy  ever  existing  in  the  office  of 
President.  The  Constitution  provides  for  the  succession  of  the  Vice- 
President,  and  Congress  has  arranged  the  succession  through  the 
cabinet. 

8.  An  oath  or  affirmation  of  office  must  be  taken  by  the  President 
and  Vice-President. 

9.  The  President  is  commander-in-chief  of  the  army  and  navy  of 
the  United  States,  and  of  the  militia  in  time  of  war.  He  has  power 
over  all  executive  departments.  He  can  grant  reprieves  and  pardons 
to  criminals  who  have  violated  United  States  laws. 

10.  In  conjunction  with  the  Senate,  the  President  makes  treaties  and 
appoints  officers. 

11.  When  Congress  is  not  in  session  the  President  can  appoint 
officers  without  the  consent  of  the  Senate,  but  the  terms  of  such  ap- 
pointees are  only  to  the  end  of  the  next  session  of  the  Senate. 

12.  The  President  informs  Congress  of  affairs  in  the  United  States  ; 
makes  recommendations  to  Congress  in  reference  to  legislation ;  can 
call  extraordinary  sessions  of  Congress  when  necessary  ;  can  adjourn 
Congress  when  that  body  disagrees  as  to  a  date  for  adjournment ;  sees 
that  the  laws  are  executed ;  receives  ambassadors  ;  and  grants  com- 
missions to  all  officers. 

13.  All  officers  may  be  removed  from  office  when  impeached  and 
found  guilty. 

QUESTIONS. 

1.  Tell  why  an  executive  department  is  a  necessity. 

2.  Compare  the  Executive  Department  under  the  Constitution  with 
the  law-enforcing  power  under  the  Articles  of  Confederation. 


THE   EXECUTIVE   DEPARTMENT.  205 

3.  Discuss  the  Presidential  term  of  office,  showing  the  advantages 
of  long  and  short  terms. 

4.  How  are  common  laws  made  ?     Give  an  illustration. 

5.  Write  in  a  column,  with  proper  dates,  all  Presidents  who  served 
two  terms.     In  another  column,  all  those  who  served  but  one  term. 

6.  About  Presidential  electors,  state :  (a)  Their  office  ;  {b)  The 
number  in  each  State ;  (c)  Those  who  are  ineligible  ;  {d)  How  they 
are  selected  ;  (e)  How  they  are  elected. 

7.  In  the  Constitution  two  methods  of  electing  the  President  and 
Vice-President  are  provided.  Which  one  is  used  at  present?  Why  is 
the  other  not  used  ? 

8.  Explain  in  detail  the  work  of  the  electors  who  are  chosen  at  the 
election. 

9.  What  is  meant  by  the  Electoral  College  ? 

10.  What  vote  is  necessary  to  elect  a  President  or  Vice-President 
in  the  Electoral  College  ? 

11.  The  election  in  the  House  :  (a)  When  does  this  body  elect  a 
President?  (b)  What  constitutes  a  quorum  on  this  occasion  ?  (c)  How 
is  the  vote  taken?  (ct)  How  many  candidates  may  there  be  for  the 
office  of  President  ?  (e)  What  vote  is  necessary  to  a  choice  ?  (/) 
Enumerate  the  Presidents  thus  elected. 

12.  How  was  the  Hayes-Tilden  contest  decided? 

13.  The  President.  Make  an  outline  showing  the  way  in  which 
each  of  the  following  performs  its  work :  (a)  The  Electoral  College ; 
(b)  The  House  of  Representatives  ;  (c)  The  Electoral  Commission. 

14.  What  is  the  title  of  the  chief  executive  of  your  State  ? 

15.  What  is  his  term  of  office  ? 

16.  By  whom  is  he  elected  ? 

17.  In  case  he  is  not  chosen  in  the  regular  way,  what  provision  does 
the  State  constitution  provide  for  the  election  of  such  officer?  What 
vote  is  necessary  to  elect  on  such  an  occasion  ? 

18.  Name  five  men  who  have  served  in  this  office  in  your  State. 

19.  Describe  the  usual  way  of  electing  a  Vice-President. 

20.  Election  of  the  Vice-President  by  the  Senate :  (a)  When  does 
the  Senate  exercise  this  power  ?  (b)  How  many  candidates  are  allowed 
on  this  occasion  ?  (c)  What  constitutes  a  quorum  ?  (d)  What  is  the 
number  of  votes  necessary  to  elect  ?  (e)  How  is  the  vote  taken  ?  (J) 
Mention  an  illustration  of  this  method. 


206  CIVIL   GOVERNMENT. 

21.  The  Vice-President.  Make  an  outline  showing  the  manner  in 
which  each  of  the  following  performs  its  work :  (a)  The  Electoral 
College  ;  (b)  The  Senate. 

22.  What  officer  in  your  State  corresponds  to  the  Vice-President? 
How  is  he  elected  ?  *  What  is  his  term  of  office  ?  What  are  his  duties  ? 
When  the  regular  method  of  electing  fails,  what  other  method  does 
your  State  constitution  provide  ? 

23.  Define  :  (a)  Minority  President ;  (b)  Majority  President.  Illus- 
trate by  names  of  candidates,  the  names  of  States,  and  the  votes  for 
each  candidate. 

24.  What  advantage  results  from  the  fixing  of  the  time  by  Congress 
for  a  general  election  ? 

25.  Name  the  different  dates  fixed  by  Congress  for  Presidential 
purposes. 

26.  Name  the  qualifications  of  the  President  and  Vice-President. 

27.  Make  a  table  showing  comparisons  in  qualifications  of  United 
States  Senator,  United  States  Representative,  President,  Vice-President, 
Governor,  Lieutenant-Governor,  State  Senator,  and  State  Represent- 
ative. 

28.  What  provision  has  been  made  to  keep  the  office  of  President 
always  filled  ? 

29.  Give  the  salary  of  each  of  the  following :  President,  Vice- 
President,  cabinet  officer,  United  States  Senator,  United  States 
Representative,  Governor,  Lieutenant-Governor,  State  Senator,  State 
Representative. 

30.  Define  :  (a)  Oath  ;  (b)  Affirmation.  State  the  purposes  of 
each. 

31.  What  officers  in  your  State  are  required  to  take  an  oath  or 
affirmation  ? 

32.  In  reference  to  the  President  and  Governor,  state :  (a)  What 
power  each  has  over  an  army  and  navy ;  (b)  What  power  each  has 
over  the  different  executive  departments  ;  (c)  What  power  each  has  to 
grant  reprieves  and  pardons. 

33.  Name  the  different  executive  departments  in  the  nation  and  in 
your  State. 

34.  About  reprieves  and  pardons,  tell :  (a)  What  they  are  ;  (b)  How 
this  power  may  be  abused  ;  (c)  Wherein  there  is  an  advantage  ;  {d) 
An  illustration  from  history  where  a  pardon  was  granted. 


THE   EXECUTIVE   DEPARTMENT.  207 

35.  Treaties  :  (a)  Define  the  term  ;  (6)  On  what  subjects  made  ; 
(c)  Method  of  making  ;  {d)  How  ratified  in  the  United  States  ;  (e)  Five 
illustrations. 

36.  Mention  five  officers  appointed  jointly  by  the  President  and  the 
Senate.     State  the  work  performed  by  each. 

37.  Why  should  the  President  appoint  to  office  when  the  Senate  is 
not  in  session,  and  why  is  it  right  that  the  term  of  office  of  such 
appointee  should  last  only  to  the  end  of  the  next  session  of  Congress  ? 

38.  Who  appoints  officers  in  your  State  ?  Mention  five  such  officers 
and  tell  the  work  performed  by  each. 

39.  What  powers  does  the  President  possess  other  than  those 
already  answered  ? 

40.  What  officers  are  subject  to  impeachment  ? 

41.  Explain  department,  executive,  term  of  office,  elector,  lists, 
majority,  commission,  qualifications,  vacancy. 

42.  Explain  cabinet,  treaty,  ambassador,  minister,  consul,  misde- 
meanor. 


CHAPTER   XII. 
THE  JUDICIAL  DEPARTMENT. 

Justice. — Many  attempts  have  been  made  to  illustrate  the 
meaning  of  justice.  The  pictures  of  Justice  usually  show 
a  woman  blindfolded  and  holding  a  balance  in  her  hand. 
The  pans  of  the  balance  are  arranged  so  that  both  are  on 
the  same  level.    This  symbolizes  fairness  or  justice. 

Nothing  tends  to  make  a  government  stronger  than  the 
feeling  which  the  people  have  of  securing  justice  from  the 
courts.  The  courts  being  the  only  place  where  disagree- 
ments are  legally  settled,  the  distrust  caused  by  an  un- 
principled court  would  be  wide-spread. 

In  an  immense  country  there  are  many  people  of  principle. 
These  people  would  sacrifice  almost  anything  rather  than 
have  their  rights  infringed.  Vicious  and  depraved  persons, 
who  are  continually  encroaching  on  the  rights  of  the  former, 
are  also  numerous.  Where  the  courts  do  not  exercise  their 
power  to  attempt  to  stamp  out  the  latter  class,  crime  tends 
to  increase. 

When  the  courts  are  in  bad  repute  with  the  people  the 
latter  become  so  alarmed  that  they  frequently  resort  to 
another  method  of  securing  justice.  This  method  is  not 
legal  so  far  as  the  laws  of  the  country  are  concerned,  but  it 
secures  a  fairness  by  force  when  it  cannot  be  obtained  from 
the  courts.  This  is  taking  the  law  into  one's  own  hands. 
Punishment  which  meets  the  approbation  of  the  people 
is  inflicted  upon  the  offender. 

It  is  well  to  secure  justice  in  the  way  provided  by  the 
laws  of  the  land.    This  necessarily  means  good  laws,  and 

208 


THE   JUDICIAL   DEPARTMENT.  209 

principled  judges  to  carry  them  out.  In  this  country, 
where  the  citizens  have  the  right  to  choose  the  representa- 
tives who  attend  to  both,  it  is  very  strange  that  there  is  so 
much  injustice.  The  greatest  injustice  comes  from  the 
judges.  Long  terms  of  office  and  fixed  and  large  salaries 
have  been  given  to  make  them  independent  of  influence 
and  fearless  in  the  performance  of  their  duties.  It  is  not 
long  terms  or  large  salaries,  however,  but  true  manhood 
that  prevents  injustice.  This  quality  is  rarer  than  years  or 
dollars,  and  will  give  a  courage  that  terms  and  salary  never 
can. 

In  relation  to  the  welfare  of  the  people,  the  Judicial  De- 
partment is  more  closely  connected  than  any  other.  There- 
fore, the  judges  should  be  men  of  superior  qualifications. 
They  must  have  a  clear  idea  of  right  and  wrong ;  they  must 
be  men  of  honor  and  principle ;  they  must  scorn  anything 
which  is  in  the  nature  of  a  bribe  or  influence ;  they  must 
be  true ;  in  all,  they  should  be  men  not  only  in  form  but 
also  in  mind.  That  which  leads  them  to  fear  God  will  help 
them  to  respect  man,  to  be  true  to  themselves  and  their 
fellow-men. 

Complexity  of  the  Law. — A  strange  state  of  affairs  ex- 
ists in  our  laws.  Very  few  people,  in  comparison  with  the 
many,  understand  them.  Laws  are  made  to  be  obeyed; 
to  be  obeyed  they  should,  first  of  all,  be  understood.  A 
man  of  proper  education  cannot  understand  many  of  the 
laws  which  are  made  by  the  nation  and  States.  Why  this 
strange  condition  ?  It  seems  that  legislators  take  particular 
delight  in  having  bills  so  worded  that  many  cannot  tell 
what  they  are  intended  to  mean.  Other  legal  documents 
are  so  worded  that  men  of  college  education  dispute  as  to 
what  is  meant.    Such  a  paper  as  a  lease  should  be  short 

14 


210  CIVIL   GOVERNMENT. 

and  worded  in  understandable  English;  yet  the  great 
majority  of  people  who  sign  these  papers  do  not  understand 
their  contents.  That  laws  should  be  made  in  such  an  in- 
comprehensible way  is  not  very  plain.  It  certainly  is  the 
cause  of  many  honest  people  being  unconsciously  led  into 
the  breaking  of  laws.  Lawyers,  who  have  made  a  special 
study  of  the  subject,  are  the  only  ones  who  seem  to  under- 
stand laws,  and  yet,  not  infrequently,  they  dispute  among 
themselves  as  to  the  meaning  of  a  law. 

The  complexity  of  laws  hinders  justice.  No  man  can 
stand  for  his  principle  unless  he  have  sufficient  money  to 
hire  one  or  more  lawyers.  This  completely  bars  the  poor, 
and  yet  all  the  poor  are  not  rogues.  Justice  is  as  much  a 
part  of  their  happiness  as  it  is  of  the  rich. 

There  is  room  for  reform  in  the  wording  of  laws.  Every 
citizen  should  understand  all  laws  made.  The  confusion 
made  by  laws  that  cannot  be  understood  frequently  leads 
men  to  suffer  wrong  in  preference  to  going  to  court  where 
the  case  can  be  heard  only  after  the  expenditure  of  hundreds 
of  dollars.  Justice  should  be  free.  To  secure  justice  only 
when  you  pay  for  it  is  no  justice  at  all. 

ARTICLE  III. 

Judicial  Power  concerning-  the  Jiidgres. 

Sec.  I.  The  judicial  power  of  the  United  States  shall  be 
vested  in  one  Supreme  Court,  and  in  such  inferior  courts 
as  the  Congress  may  from  time  to  time  ordain  and  es- 
tablish. The  judges,  both  of  the  Supreme  and  inferior 
courts,  shall  hold  their  ofiBces  during  good  behavior,  and 
shall,  at  stated  times,  receive  for  their  services  a  com- 
pensation, "Which  shall  not  be  diminished  during  their 
continuance  in  oflBce. 

The  Judicial  Department. — This  department  consists 
of  all  the  United  States  courts.     Courts  are  those  places 


THE  JUDICIAL  DEPARTMENT.  211 

where  the  laws  are  explained  and  where  persons  accused 
of  crime  are  tried  and  sentenced,  if  found  guilty.  When 
the  judges  are  of  a  high  character  justice  will  be  given  to 
every  one.  It  will  be  seen  that  the  Judicial  Department  is 
one  of  importance,  as  upon  it  depends  justice.  One  of  the 
objects  of  the  Constitution  was  "  to  establish  justice."  Only 
to  a  certain  extent  has  this  object  been  accomplished.  It 
is,  however,  an  improvement  over  the  same  topic  in  colonial 
times. 

Under  the  Articles  of  Confederation  there  was  no  national 
Judicial  Department,  and  therefore  no  United  States  courts. 
The  highest  courts  at  that  time  were  those  of  the  States. 
Each  State  had  its  own  courts,  and  the  decisions  of  these 
in  many  cases  favored  their  own  citizens.  The  decisions  of 
one  State  court  were  frequently  opposed  to  those  of  another, 
causing  constant  disputes.  Under  the  Constitution,  each 
State  still  retains  its  own  courts,  but  a  court  higher  than  any 
of  these  is  established.  This  higher  court  is  the  Supreme 
Court  of  the  United  States.  Persons  dissatisfied  with  the 
decision  of  a  State  court  can  appeal  to  this  higher  court. 

United  States  Courts. — In  1789  there  were  but  thirteen 
States  and  comparatively  few  people.  It  was  apparent  that 
the  country  in  the  course  of  time  would  expand  in  all 
directions,  hence  it  was  not  known  just  how  many  federal 
courts  would  be  needed.  The  Constitution  established  the 
Supreme  Court  of  the  United  States,  and,  in  order  to  meet 
future  contingencies,  it  gave  Congress  the  power  to  estab- 
lish new  courts  whenever  necessary.  These  are  the  courts 
of  the  United  States  : 

One  Supreme  Court,  established  by  the  Constitution. 
Nine  Circuit  Courts,  established  by  Congress. 
Sixty-five  District  Courts,  established  by  Congress. 


212  CIVIL   GOVERNMENT. 

One  Court  of  Claims,  established  by  Congress. 

One  Court  of  the  District  of  Columbia,  established  by  Congress. 

Three  Territorial  Courts,  established  by  Congress. 

The  Supreme  Court  decides  cases  from  all  over  the 
United  States. 

The  United  States  is  divided  into  nine  parts,  each  part 
being  called  a  circuit.  The  circuit  is  a  division  of  the 
United  States  for  court  purposes.  It  is  not  arranged  for 
area  but  for  population.  The  court  in  each  circuit  is  known 
as  the  Circuit  Court.  The  Supreme  Court  has  nine  judges. 
When  this  court  is  not  in  session  each  Supreme  Court 
judge  must  visit  the  circuit  assigned  to  him.  Sometimes 
the  Supreme  Court  judge  cannot  go  to  his  circuit  because 
of  business  in  the  Supreme  Court.  In  this  case  the  v^rork 
of  the  Circuit  Court  is  not  stopped,  because  the  Court  has 
regular  judges.     The  nine  circuits  are  : 

1.  Maine,  New  Hampshire,  Massachusetts,  and  Rhode  Island. 

2.  Vermont,  Connecticut,  and  New  York. 

3.  New  Jersey,  Pennsylvania,  and  Delaware. 

4.  Maryland,  Virginia,  West 'Virginia,  North  Carolina,  and  South 
Carolina. 

.      6.  Georgia,  Florida,  Alabama,  Mississippi,  Louisiana,  and  Texas. 

6.  Ohio,  Michigan,  Kentucky,  and  Tennessee. 

7.  Indiana,  Illinois,  and  Wisconsin. 

8.  Minnesota,  Iowa,  Missouri,  Kansas,  Arkansas,  Nebraska,  Colo- 
rado, Wyoming,  North  Dakota,  South  Dakota,  and  Utah. 

9.  CaUfornia,  Oregon,  Nevada,  Idaho,  Montana,  and  Washington. 

The  United  States  is  also  divided  into  sixty-five  parts; 
each  part  or  district  has  a  United  States  court  known  as 
the  District  Court.  Each  District  Court  has  but  one  judge. 
Pennsylvania,  for  instance,  has  two  United  States  District 
Courts.    One  of  these  courts  is  located  in  Philadelphia  and 


THE  JUDICIAL  DEPARTMENT.  213 

the  other  in  Pittsburg.  Cases  arising  in  Pennsylvania  are 
heard  in  one  or  the  other  of  these  two  courts. 

The  Court  of  Claims  decides  cases  from  the  entire 
country.  This  court  is  situated  in  Washington,  D.  C.  It 
decides  all  claims  for  money  which  persons  believe  the 
United  States  government  owes  them. 

The  Court  of  the  District  of  Columbia  decides  cases 
arising  in  the  District. 

Besides  the  courts  just  mentioned,  there  are  Territorial 
Courts  for  cases  that  arise  in  the  Territories,  and  military 
and  naval  courts.  In  the  latter  courts  all  offences  com- 
mitted within  the  army  and  navy  are  tried. 


T^      .  *  ^,      -.—   ..,  «x    ^        ^        o^      1  —  Civil  cases. 

Business  of  the  United  States  Courts.  -^  «   ^  .    .    . 

Cnminal  cases. 


ii 


A  civil  case  is  one  in  which  no  crime  has  been  committed. 
It  consists  of  disputes  growing  out  of  the  breaking  of  con- 
tracts and  disagreements  of  parties  concerning  their  respec- 
tive rights. 

A  criminal  case  is  one  in  which  crime  has  been  com- 
mitted, resulting  in  the  death  or  injury  of  a  person  or  of 
injury  to  his  character  or  reputation. 

The  Circuit  Courts  generally  deal  with  all  civil  suits 
arising  under  the  laws  of  the  United  States. 

The  District  Courts  generally  deal  with  all  criminal  cases 
arising  under  the  federal  laws,  such  as  counterfeiting,  fob- 
bing the  mails,  national  bank  robberies,  etc. 

It  must  not  be  forgotten  that  the  federal  courts  mostly 
decide  cases  under  the  United  States  laws.  Violation  of 
State  and  city  laws  are  tried  in  State  courts.  Appeals  from 
the  State  courts,  however,  may  be  taken  to  the  Supreme 
Court  of  the  United  States.  The  decision  of  this  court  is 
final. 


214  CIVIL  GOVERNMENT. 

The  only  respect  in  which  our  country  is  like  a  monarchy 
is  in  the  term  of  office  of  all  federal  judges.  If  they  be- 
have themselves  well  they  may  hold  the  office  for  life. 
Several  judges  have  held  the  office  for  thirty  years.  The 
judges  of  the  United  States  courts  are  appointed  by  the 
President  with  the  consent  of  the  Senate.  The  salaries  of 
the  judges  cannot  be  diminished  during  their  term  of  office. 
The  object  of  these  two  provisions — viz.,  to  hold  position 
for  life  and  the  inability  to  reduce  their  salaries — is  to  make 
them  fearless  in  the  performance  of  their  duties  and  to 
secure  perfect  justice  in  their  decisions.  No  qualifications 
are  attached  as  a  condition  to  hold  the  office  of  judge. 

Extent  of  the  Judicial  Power. 

Sec.  n.  1.  The  judicial  power  shall  extend  to  all  cases  in 
law  and  equity  arising  under  this  Constitution,  the  laws  of 
the  United  States,  and  treaties  made,  or  which  shall  be 
made,  under  their  authority ;  to  all  cases  affecting  ambas- 
sadors, other  public  ministers,  and  consuls ;  to  all  cases  of 
^.dmiralty  and  maritime  jurisdiction;  to  controversies  to 
w^hich  the  United  States  shall  be  a  party ;  to  controversies 
between  two  or  more  States ;  between  a  State  and  citizens 
of  another  State ;  between  citizens  of  different  States ;  be- 
tween citizens  of  the  same  State  claiming  lanas  under 
grants  of  different  States,  and  betw^een  a  State,  or  the 
citizens  thereof,  and  foreign  States,  citizens,  or  subjects. 

Jurisdiction  of  the  United  States  Courts. — Jurisdic- 
tion is  the  authority  which  the  courts  exercise  over  differ- 
ent cases.  It  may  be  said  that  the  President  has  jurisdic- 
tion in  Alaska,  meaning  that  the  President  has  power  or 
authority  to  execute  the  laws  in  that  place. 

Jurisdiction  of  the  federal  courts  extends  to  : 

1.  All  cases  in  law  and  equity  arising  under  the  Constitution,  the 
laws  of  the  United  States,  and  treaties  made,  or  which  shall  be  made, 
under  the  authority  of  the  United  States. 


THE   JUDICIAL   DEPARTMENT.  215 

2.  All  cases  affecting  ambassadors,  other  public  ministers,  and 
consuls. 

3.  All  cases  of  admiralty  and  maritime  jurisdiction. 

4.  Controversies  to  which  the  United  States  is  a  party. 

5.  Controversies  between  two  or  more  States. 

6.  Controversies  between  a  State  and  a  citizen  of  another  State. 

7.  Controversies  between  citizens  of  different  States. 

8.  Controversies  between  citizens  of  the  same  State  claiming  lands 
under  grants  of  different  States. 

9.  Controversies  between  a  State,  or  the  citizens  thereof,  and 
foreign  States,  citizens,  or  subjects. 

Equity. — A  case  upon  which  there  is  no  law  to  base 
decision  is  sometimes  brought  into  court.  The  case  is  one 
that  should  not  be  left  undecided.  It  would  postpone  settle- 
ment, and  most  likely  it  would  come  into  court  again.  The 
case,  however,  is  a  plain  one,  and  the  judge  can  easily  de- 
cide. This  would  be  a  case  of  equity.  Equity  applies  to 
those  cases  upon  which  there  is  no  law.  The  object  of 
equity  proceedings  is  to  make  justice  more  satisfactory  and 
complete  by  applying  it  to  many  cases  not  coming  under  the 
written  laws. 

A  Case  arising  under  the  Constitution. — The  Constitu- 
tion says  that  no  State  shall  grant  a  title  of  nobility.  If  a 
State  should  confer  such  title  the  United  States  court  would 
decide  this  as  unconstitutional,  because  the  Constitution 
forbids  it. 

Example  of  a  Case  arising*  under  the  Laws  of  the 
United  States. — Congress  has  made  a  law  providing  a 
term  of  imprisonment  as  punishment  for  counterfeiting.  If 
a  man  is  detected  counterfeiting  money,  he  is  arrested  and 
tried  in  a  federal  court. 


216  CIVIL   GOVERNMENT. 

An  Example  of  a  Case  affecting"  Ambassadors. — Am- 
bassadors, ministers,  and  consuls  are  officers  representing 
this  country  abroad.  If  any  of  these  officers  become  en- 
gaged in  a  suit,  or  commit  a  crime,  the  case  would  not  be 
settled  abroad  but  in  our  own  federal  courts. 

An  Example  of  Admiralty  and  Maritime  Jurisdiction. 
— ^Admiralty  and  maritime  cases  both  refer  to  those  cases 
which  happen  at  sea.  If  a  ship  is  on  fire  and  another 
vessel  saves  it  from  destruction,  a  sum  of  money  is  always 
demanded  by  the  rescuer.  Disputes  frequently  arise  as  to 
the  amount.  Such  a  dispute  would  be  decided  in  a  United 
States  court. 

A  Case  in  which  the  United  States  would  be  a  Party. 
— Not  infrequently,  the  United  States  wishes  to  acquire 
some  land  for  the  purpose  of  erecting  government  build- 
ings. When  no  agreement  can  be  made  as  to  the  price  to 
be  paid  for  such  land  the  matter  is  adjusted  in  the  federal 
courts. 

An  Example  showing"  a  Controversy  between  States. 
— When  the  boundaries  between  two  States  are  not  well 
marked  a  dispute  about  the  matter  might  arise.  If  not  set- 
tled by  the  States  concerned,  it  would  be  a  matter  for  the 
United  States  courts  to  decide. 

An  Example  of  a  Case  between  a  State  and  a  Citizen. 
— A  State  makes  a  contract  with  a  man.  The  man  breaks 
the  contract,  and  the  State  sues  him.  The  suit  would  be 
tried  in  a  United  States  eou-'t. 

A  Controversy  between  Citizens  of  different  States. 
— Mr.  Allen,  a  merchant  of  Philadelphia,  buys  goods  from 


THE  JUDICIAL   DEPARTMENT.  217 

Mr.  Strong,  a  merchant  of  New  York,  and  refuses  to  pay 
for  them.  The  latter  brings  suit  against  Mr.  Allen  to  com- 
pel him  to  pay  for  the  goods.  The  case  may  be  heard  in 
one  of  the  United  States  courts. 

A  Controversy  between  a  State  or  its  Citizens  and 
Foreign  States,  Citizens,  or  Subjects. — ^As  citizens  of  dif- 
ferent States  can  take  their  cases  to  the  federal  courts,  so 
also  can  citizens  of  foreign  countries,  having  claims  against 
our  States  or  citizens,  bring  suit  in  our  United  States 
courts. 

ARTICLE  XI. 
Of  the  Judicial  Power. 

The  judicial  power  of  the  United  States  shall  not  be  con- 
strued to  extend  to  any  suit  in  law  or  equity,  commenced 
or  prosecuted  against  one  of  the  United  States  by  citizens 
of  another  State,  or  by  citizens  or  subjects  of  any  foreign 

State. 

This  amendment  was  made  a  part  of  the  Constitution  in 
1798. 

A  State  cannot  be  sued  by  a  Citizen  in  a  Federal  Court. 
— It  says  in  a  preceding  clause  (Art.  III.,  Sec.  II.,  Clause  1) 
that  the  authority  of  the  federal  courts  extended  to  "a 
State  and  a  citizen  of  another  State."  This  meant  that  a 
State  could  be  sued  by  citizens.  At  the  beginning  of  the 
government  this  part  caused  general  dissatisfaction,  as  it 
was  considered  improper  for  a  State  to  be  sued  by  an  in- 
dividual. An  amendment  was  proposed  in  1 794  and  ratified 
in  1798.  This  amendment  says  that  no  suits  against  a  State 
by  citizens  can  be  heard  in  a  court  of  the  United  States. 
Many  States  at  first  took  advantage  of  this  amendment  to 
repudiate  their  debts.     The  thought  may  arise  in  your 


218  CIVIL   GOVERNMENT. 

mind,  How  can  a  citizen  receive  justice  if  he  have  a  clear 
case  against  a  State  ?  Many  State  constitutions  contain  a 
clause  prescribing  the  manner  in  v^hich  such  States  can  be 
sued  in  certain  cases.  Of  course,  if  such  clause  is  not  in 
the  State  constitution  that  State  cannot  be  sued.  All  dis- 
putes of  the  same  character  must  be  tried  in  State  courts 
and  not  in  the  United  States  courts. 

Original  and  Appellate  Jurisdiction  of  the  Supreme  Court. 

2.  In  all  cases  affecting  ambassadors,  other  public  minis- 
ters, and  consuls,  and  those  in  which  a  State  shall  be  party, 
the  Supreme  Court  shall  have  original  jurisdiction.  In  all 
the  other  cases  before  mentioned  the  Supreme  Court  shall 
have  appellate  jurisdiction,  both  as  to  law  and  fact,  with 
such  exceptions,  and  under  such  regulations,  as  the  Con- 
gress shall  make. 

Kinds  of  Jurisdiction. — Original. — Jurisdiction  means 
the  authority  which  the  courts  have  to  hear  certain  cases. 

When  a  case  is  begun  in  a  court  in  which  it  must  be 
settled,  we  say  that  that  court  has  original  jurisdiction  in 
this  case.  Original  means  first.  Original  jurisdiction  is  the 
authority  given  to  a  court  to  begin  and  finally  decide  a  case. 
Original  jurisdiction  of  the  United  States  Supreme  Court 
extends  to : 


1.  Ambassadors,  public  ministers,  and  consuls. 

1.  Between  two  or  more  States. 

2.  Between  a  State  and  citizens  of  another 
State. 

3.  Between  a  State  or  its   citizens  and 
foreign  States  or  citizens. 


2.  Those  in  Tvhich  a 
State  shall  be  a 
party 


The  decisions  of  the  United  States  Supreme  Court  are 
final,  hence  its  decisions  in  any  of  the  preceding  cases  must 
be  accepted  by  all  concerned. 


THE   JUDICIAL   DEPARTMENT.  219 

Appellate  Jurisdiction. — When  the  decision  of  a  lower 
court  is  not  satisfactory  to  either  party  in  a  controversy  the 
case  may  be  taken  to  the  Supreme  Court  of  the  United 
States.  The  removal  of  a  case  from  a  lower  court  to  a  higher 
one  is  called  an  appeal,  and  the  jurisdiction  in  such  cases  is 
called  appellate  jurisdiction.  Appellate  jurisdiction  is  the 
authority  of  the  Supreme  Court  to  grant  another  hearing  to 
a  case  that  has  already  been  heard  and  decided  by  a  lower 
court.  The  object  of  appellate  jurisdiction  is  to  make  jus- 
tice more  complete  and  to  correct  any  errors  which  might 
have  been  made  in  a  decision  of  a  lower  court.  When  the 
Supreme  Court  decides  in  an  appellate  case  its  decision  is 
final.  As  illustrating  appellate  jurisdiction,  a  familiar  case  in 
history  occurs.  Dred  Scott,  a  slave,  lived  with  his  master  in 
the  slave  State  of  Missouri.  His  master  took  him  to  the  free 
State  of  Illinois.  Some  years  afterwards  he  was  brought 
back  to  Missouri  by  his  master  and  sold  to  another  man,  who 
flogged  him.  Scott  sued  his  master  for  damages,  claiming 
that  the  latter  had  no  right  to  whip  him,  as  he  was  a  free 
man.  He  claimed  to  be  free  on  account  of  having  been 
taken  to  free  soil.  The  case  was  tried  in  two  State  courts, 
one  of  which  decided  in  favor  of  the  slave.  The  losing  side 
not  being  willing  to  accept  the  decision,  it  was  finally 
appealed  to  the  Supreme  Court  of  the  United  States,  where, 
in  1857,  the  case  was  decided  in  favor  of  the  master. 
The  court  decided  that  Scott's  residence  in  a  free  State  did 
not  make  him  free,  therefore  he  did  not  have  the  right  to 
sue  his  master  for  damages. 

The  following  shows  the  appellate  jurisdiction  of  the 
Supreme  Court : 

1.  Cases  arising  under  the  Constitution,  the  United  States  laws,  and 
the  treaties  made  by  authority  of  the  Constitution. 

2.  Admiralty  and  maritime  jurisdiction. 


220  CIVIL  GOVERNMENT. 

3.  Cases  in  which  the  United  States  shall  be  a  party. 

4.  Controversies  between  citizens  of  different  States. 

5.  Controversies  between  citizens  of  the  same  State,  claiming  lands 
under  grants  of  different  States. 

Trials  for  Crimes. 

3.  The  trials  of  all  crimes,  except  in  cases  of  impeach- 
ment, shall  be  by  jury ;  and  such  trial  shall  be  held  in  the 
State  where  the  said  crime  shall  have  been  committed ;  but 
when  not  committed  within  any  State,  the  trial  shall  be  at 
such  place  or  places  as  the  Congress  may  by  law  have 
directed. 

Trial  by  Jury. — In  olden  times  in  England  it  was  the 
custom  to  sentence  persons  immediately  without  granting 
them  any  regular  trial.  By  this  unfair  method  many 
innocent  persons  oftentimes  were  either  hanged  or  given 
long  terms  of  imprisonment.  In  1215  the  English  people 
became  so  aroused  concerning  this  question  that  they  re- 
belled, and  forced  the  king  to  grant  them  regular  trials. 
From  that  time  to  the  present  the  right  of  trial  by  jury 
has  existed  in  England,  and  this  right  was  embodied  in  the 
Constitution  of  the  United  States. 

A  trial  by  jury  is  a  hearing  which  takes  place  before 
a  number  of  men,  who  judge  from  the  evidence  given 
whether  a  man  is  guilty  or  innocent  of  the  crime  of  which 
he  is  accused. 

A  common  jury  is  composed  of  twelve  citizens.  The 
membership  of  a  jury  changes  from  time  to  time.  To 
secure  a  decision  in  any  case  the  twelve  men  must  agree 
on  a  verdict.  If  the  jury  does  not  agree  it  is  discharged, 
and  the  case  is  retried  before  another  jury. 

Impeachment  is  the  only  case  which  cannot  be  tried  by 
a  common  jury.  As  you  remember,  such  cases  are  tried 
by  the  Senate. 


THE  JUDICIAL   DEPARTMENT.  221 

The  Place  of  Trial.  —  All  crimes  must  be  tried  at 
the  place  where  they  were  committed.  If  some  crime 
were  committed  in  Ohio  it  would  be  very  unjust  to  try 
such  a  case  in  California.  The  object  of  this  provision  is 
to  secure  justice  to  an  accused  pariy.  When  a  crime  is 
committed,  usually  there  are  persons  who  see  the  deed. 
These  witnesses  are  important  persons  in  a  trial,  as  they 
can  give  evidence  showing  who  is  the  guilty  party.  If  the 
case  were  tried  in  another  State  these  witnesses  might  not 
be  able  to  attend  the  trial ;  consequently,  important  facts 
would  be  omitted  and  the  accused  might  suffer  unjustly. 
If  the  case  were  heard  where  the  crime  was  committed 
such  persons  could  attend  the  trial. 

When  the  crime  is  not  committed  in  any  State,  such,  for 
instance,  as  on  the  high  seas,  Congress  has  the  authority  to 
specify  where  the  trial  shall  be  held. 

In  1898  a  very  peculiar  case  arose.  In  that  year  a  party 
in  California  sent  some  poisoned  candy  through  the  mails 
to  a  person  in  Delaware.  The  person  in  Delaware  ate  of 
the  candy  and  soon  died.  The  crime  was  traced  to  a 
person  in  California,  who  was  subsequently  arrested. 
When  the  case  came  to  trial  there  was  a  great  dispute 
as  to  where  the  crime  was  committed ;  was  it 

1.  Where  the  crime  was  thought  of,  or, 

2.  Where  the  effect  was  felt? 


It  was  decided  that  the  crime  was  committed  in  California, 
and  the  trial  was  held  there.  Such  cases,  fortunately,  are 
of  rare  occurrence.  When  they  do  happen  there  should 
be  no  dispute  as  to  where  the  trial  should  take  place.  The 
punishment  of  the  offender  is  of  the  greatest  importance, 
and  nothing  should  hinder  it. 


222  CIVIL   GOVERNMENT. 

The  Alien  Law. — This  clause  was  almost  violated  during 
John  Adams's  administration.  A  law  was  made  in  1798 
known  as  the  Alien  Law.  This  law  gave  the  President 
power  to  send  out  or  expel  from  the  country  any  foreigner 
whose  presence  he  deemed  harmful  to  its  interests. 

If  a  foreigner  thus  expelled  returned  to  the  country  he 
was  to  be  sent  to  prison.  Such  proceedings  would  have 
prevented  a  person  from  having  a  trial  by  jury.  To  deny 
a  person  this  right  would  have  been  a  violation  of  the  Con- 
stitution. The  law  created  much  dissatisfaction,  and  was 
repealed.     It  was  at  no  time  enforced. 

The  passage  of  the  alien  law  was  the  real  beginning  of 
nullification.  Kentucky  declared  that  it  would  not  obey 
such  a  law,  on  the  ground  that  it  was  unconstitutional. 
Virginia  also  held  similar  views. 

Treason— Conviction  of. 

Sec.  m.  1.  Treason  against  the  United  States  shall  con- 
sist only  in  levjdng  war  against  them,  or  in  adhering  to  their 
enemies,  giving  them  aid  and  comfort.  No  person  shall  be 
convicted  of  treason  unless  on  the  testimony  of  two  w^it- 
nesses  to  the  same  overt  act,  or  on  confession  in  open 
court. 

Treason. — Perhaps  the  greatest  crime  that  can  be  com- 
mitted is  that  of  treason.  It  is  an  attempt  of  the  citizens 
of  a  country  to  overthrow  the  government.  Such  a  crime 
is  even  greater  than  murder.  Murder  results  in  the  de- 
struction of  life,  but  treason  aims  at  the  death  of  a  govern- 
ment, a  nation,  thus  really  destroying  the  welfare  of  a 
great  number  of  people.  There  are,  however,  some  rare 
exceptions,  when  treason  results  in  bringing  about  a  reform. 
When  a  great  majority  wish  to  overthrow  a  government 
there  must  be  something  very  wrong  in  that  government 


THE   JUDICIAL   DEPARTMENT.  223 

which  should  be  altered  immediately.  If  the  objectionable 
part  is  not  corrected,  treason  may  be  committed  by  means 
of  a  revolution. 

The  Colonies,  in  1776,  after  their  frequent  petitions  and  ap- 
peals had  been  denied,  engaged  in  a  revolution  against  Great 
Britain.  In  this  case  treason  resulted  in  an  improved  form 
of  government. 

In  this  clause,  however,  it  seems  to  speak  of  single  or 
separate  acts  of  treason.  In  very  few  parts  of  the  Consti- 
tution is  anything  of  this  order  exactly  defined.  To  make 
sure  of  the  meaning  of  treason,  it  is  fully  explained  by  these 
words  as  consisting  "  only  in  levying  war  against  the  United 
States,  or  adhering  to  their  enemies,  giving  them  aid  and 
comfort."  This  definition  was  inserted  to  prevent  any  one 
from  saying  that  any  minor  crime  which  a  person  might 
commit  was  treason.  A  person  setting  fire  to  a  house  com- 
mits arson.  This  crime  could  not  come  under  the  head  of 
treason,  as  the  definition  does  not  apply.  Hence  a  crime 
of  this  kind  could  not  be  called  treason. 

The  method  of  convicting  a  person  accused  of  treason  is 
also  plainly  stated.  Two  persons  who  have  seen  the  overt 
act  must  testify  that  the  accused  party  is  the  one  who 
committed  it.  Overt  means  open  or  public.  Of  course, 
if  the  treason  is  executed  in  secret  there  would  be  no 
witnesses  to  the  act.  If,  however,  the  accused  person 
confesses  that  he  did  the  act  he  can  be  convicted  without 
any  witnesses. 

1.  Levying  war  against  the  United  States. 
Meaning  .  .  -{  2.  Adhering  to  the  enemies  of  the  United 
States  or  giving  them  aid  and  comfort. 


Treason. 


1.  Testimony  of  two  witnesses  to  the  overt 
.  Conviction  .  \  act. 

2.  Confession  by  the  accused. 


224  CIVIL  GOVERNMENT. 

Examples  of  Treason. — All  the  patriots  who  engaged 
in  the  Revolutionary  War  from  1775  to  1783  were  really- 
guilty  of  treason  against  Great  Britain.  No  one  was  ever 
punished.  Whenever  treason  becomes  so  wide-spread 
there  must  be  good  reasons  for  it.  So  there  were.  Had 
England  treated  her  colonies  in  a  proper  manner  there 
would  have  been  no  Revolutionary  War,  and  consequently 
no  treason.  In  cases  similar  to  this  one  it  is  the  duty  of 
those  having  charge  of  the  government  to  listen  to  com- 
plaints, and,  if  possible,  change  any  objectionable  part.  By 
doing  this  the  dissatisfied  people  will  become  content,  and 
treason  and  revolutions  will  be  averted. 

Benedict  Arnold  was  one  of  the  most  brilliant  soldiers 
in  the  Continental  army.  When  the  Revolutionary  War 
began  he  led  the  disastrous  expedition  against  Quebec,  where 
he  was  wounded.  Having  returned,  and  being  still  lame, 
he  was  made  military  governor  of  Philadelphia  in  1778. 
While  here  he  lived  extravagantly  and  soon  became  very 
much  involved  in  debt.  He  made  an  attempt  to  pay  his 
debts  by  defrauding  others.  This  made  him  disliked  by  the 
citizens,  who  finally  preferred  charges  against  him.  He  was 
tried  by  court-martial  and  sentenced  to  be  reprimanded  by 
Washington.  This  seems  to  have  been  the  beginning  of 
Arnold's  hatred  for  his  countrymen.  He  soon  asked  to  be 
appointed  to  the  command  of  West  Point,  an  important 
stronghold  on  the  Hudson.  It  must  be  remembered  that 
Clinton  and  the  British  held  New  York  City. 

While  at  West  Point  he  opened  communications  with 
Clinton,  who  sent  Major  Andre  to  make  arrangements  to 
transfer  the  fort  to  the  English.  On  his  return,  Andre 
was  captured,  and  the  treason  of  Arnold  was  discovered. 
Arnold  received  warning  in  time  to  escape  to  New  York. 


THE  JUDICIAL  DEPARTMENT.  225 

He  received  a  reward  from  the  British,  but  was  dishonored 
by  his  countrymen,  whom  he  attempted  to  destroy,  and 
later  by  the  Enghsh  whom  he  assisted.  Andre  was  hanged, 
not  for  treason  but  for  being  a  spy. 

Aaron  Burr  was  Vice-President  of  the  United  States  from 
1801  to  1805.  He  fought  a  duel  with  Alexander  Hamilton, 
in  which  the  latter  was  killed.  Burr  was  so  much  disliked 
by  the  people  for  this  act  that  he  was  not  renominated. 
After  this  he  seems  to  have  formed  a  design  for  seizing  part 
of  Texas  and  Louisiana  and  forming  an  independent  coun- 
try, of  which  he  was  to  be  the  head.  He  was  arrested  for 
treason  in  1807.  He  was  acquitted,  as  the  evidence  was 
not  strong  enough  to  warrant  his  conviction. 

General  ■William  Hull  was  the  commander  of  an  Amer- 
ican force  at  Detroit  during  the  War  of  1812.  He  surren- 
dered the  place  without  making  any  resistance.  He  was 
tried  for  treason  and  found  guilty,  but  was  pardoned  by 
President  Madison.  James  Freeman  Clarke  says,  "  Public 
opinion  has  long  since  revised  this  sentence,  and  the  best 
historians  disapprove  it."  The  defence  offered  by  Hull  was 
that  he  surrendered  in  order  to  save  the  women  and  chil- 
dren of  Detroit  from  butchery  at  the  hands  of  the  Indians 
who  formed  a  part  of  Brock's  force. 

John  Brown. — By  the  Kansas-Nebraska  bill  the  people 
of  Kansas  and  Nebraska  had  the  power  to  decide  for  them- 
selves whether  they  would  have  slavery  or  not.  The  con- 
sequence of  this  was  that  both  North  and  South  put  forth 
great  efforts  to  secure  the  control  of  these  Territories.  On 
the  admission  of  these  Territories  as  States,  two  additional 
votes  would  be  given  to  each  in  the  Senate  besides  many 

15 


226  CIVIL   GOVERNMENT. 

others  in  the  House  of  Representatives.  Many  men  from 
both  sides  flocked  into  the  disputed  Territory,  and  riots 
were  of  frequent  occurrence.  Among  these  men  from  the 
North  was  John  Brown.  He  had  strong  opinions  in  favor 
of  the  slaves.  After  the  dispute  was  settled  in  these  Terri- 
tories Brown  and  some  twenty  followers  moved  secretly 
to  Harper's  Ferry,  in  Virginia.  At  this  place  a  United  States 
arsenal  was  located.  In  1859  this  was  seized  by  Brown 
and  his  small  band.  In  making  the  attack  upon  the  arsenal 
Brown  expected  that  the  slaves  would  rise  up  in  insurrec- 
tion, but  this  did  not  occur.  He  was  soon  captured,  and 
was  charged  with  murder  and  treason.  Being  found  guilty 
of  murder  he  was  hanged. 

Punishment  of  Treason. 

2.  The  Congress  shall  have  power  to  declare  the  punish- 
ment of  treason,  but  no  attainder  of  treason  shall  work 
corruption  of  blood,  or  forfeiture,  except  during  the  life  of 
the  person  attainted. 

Punishment  of  Treason. — Congress  has  the  power  to 
make  a  law  saying  what  punishment  shall  be  imposed  for 
the  crime  of  treason.  In  the  early  times  of  England,  per- 
sons having  bills  of  attainder  passed  against  them  were 
punished  in  a  cruel  manner,  all  property  was  taken  from 
them,  and  all  relatives  were  dishonored. 

Although  it  is  right  that  a  person  should  be  punished  for 
his  misdeeds,  it  is  wrong  for  any  innocent  relatives  to  suffer 
for  any  actions  against  which  they  could  not  guard.  In  our 
country  this  method  has  never  been  permitted. 

An  attainder  of  treason  means  that  a  person  is  found 
guilty  of  treason. 

A  person  having  been  found  guilty  of  treason  is  punished, 
and  his  property  may  be  taken  by  the  government  and 


THE   JUDICIAL   DEPARTMENT.  227 

never  returned.  All  relatives,  however,  suffer  no  punish- 
ment, and  their  property  is  not  taken  from  them.  The 
meaning  of  this  clause  is  that  persons  who  commit  treason 
must  alone  be  punished. 

SUMMARY. 

1.  The  Constitution  provides  a  Judicial  Department,  in  this  re- 
spect differing  from  the  Articles  of  Confederation,  as  under  the  latter 
no  United  States  courts  existed. 

2.  There  is  one  Supreme  Court,  and  the  number  of  inferior  courts 
is  regulated  by  Congress.  No  fixed  term  of  office  is  provided  for  the 
judges,  the  term  being  during  life,  if  the  behavior  is  good.  Like 
other  officials,  they  receive  a  salary  which  cannot  be  diminished  while 
they  hold  office. 

3.  The  authority  of  the  courts  is  well  marked,  all  cases  to  which  it 
extends  being  enumerated. 

4.  Some  cases  may  begin  directly  in  the  Supreme  Court,  and  are 
there  ended,  while  others  may  be  brought  up  from  the  lower  courts 
for  final  adjustment.  The  former  are  known  as  "original  cases," 
while  the  latter  are  termed  *  *  appellate  cases. ' ' 

5.  Justice  is  secured  to  criminals  by  having  the  cases  heard  by 
juries  and  also  by  having  the  trial  conducted  at  the  place  where  the 
act  was  committed. 

6.  Treason  is  defined  in  the  clause  as  **  consisting  in  levying  war 
against  the  United  States,  or  in  adhering  to  their  enemies,  giving 
them  aid  and  comfort."  To  convict  a  person  of  this  crime,  the  per- 
son must  confess  or  two  persons  must  have  seen  him  do  it.  The 
punishment  to  be  inflicted  upon  a  person  found  guilty  of  treason  is 
determined  by  Congress. 

QUESTIONS. 

1.  What  are  the  duties  of  the  Judicial  Department? 

2.  Compare  the  judicial  powers  under  the  Articles  of  Confederation 
and  under  the  Constitution. 

3.  Write  an  account  of  the  advantages  of  a  judicial  department  to 
a  government  over  one  which  has  no  such  department. 


228  CIVIL   GOVERNMENT. 

4.  About  the  Supreme  Court,  tell :  (a)  What  it  is  ;  (b)  When  and 
how  established  ;  (c)  The  number  of  judges  ;  {d)  What  the  term  of 
office  of  a  judge  is  ;  (e)  The  compensation  of  the  judges. 

5.  What  is  a  Circuit  Court?     What  is  a  District  Court? 

6.  Write  in  a  column  the  cases  in  which  the  national  courts  have 
jurisdiction. 

7.  Quote  that  provision  of  the  Constitution  which  prevents  a  citi- 
zen from  suing  a  State. 

8.  Define  and  explain  :  (a)  Original  jurisdiction  ;  (6)  Appellate  juris- 
diction. 

9.  Make  an  outline.  Call  it  Jurisdiction  of  the  United  States 
Supreme  Court.  In  it  put :  (a)  Kinds  of  jurisdiction  which  it  has  ; 
(b)  Cases  under  each. 

10.  What  is  a  jury?    Where  are  trials  held? 

11.  Tell  about  a  law  which  violated  the  provision  that  every  one 
should  have  a  trial  by  jury. 

12.  In  reference  to  treason,  state  :  (a)  What  it  is  ;  (6)  Why  it  is  a 
serious  crime  ;  (c)  What  is  necessary  to  convict  a  person  accused  of  it ; 
(d)  Who  fixes  the  punishment ;  (e)  What  exception  is  made  to  this 
punishment ;  (/)  Three  cases  of  treason  in  the  history  of  our  country. 

13.  What  department  of  your  State  government  is  similar  to  the 
national  Judicial  Department  ? 

14.  Name  the  State  court  corresponding  to  the  United  States  Su- 
preme Court,  and  the  other  inferior  State  courts. 

15.  About  the  State  Supreme  Court,  tell :  (a)  What  it  is  ;  (b)  When 
and  how  it  was  established  ;  (c)  The  number  of  its  judges  ;  (d)  The 
term  of  office  of  judges  ;  (e)  What  provision  is  made  in  regard  to 
compensation. 

16.  Explain  the  difference  in  the  jurisdiction  of  the  national  and 
State  courts. 

17.  What  relation  exists  between  the  Judicial  Department  of  a 
government  and  the  welfare  of  the  people  ? 

18.  Find  out  the  names  of  the  judges  of  the  United  States  Supreme 
Court.     Do  the  same  with  reference  to  your  State  Supreme  Court. 

19.  Find  out  the  name  of  the  court  nearest  to  where  you  live. 

20.  Explain  judiciary,  equity,  controversy,  jury,  grand  jury,  overt, 
attainder  of  treason. 


CHAPTER    XIII. 

MISOBUEiAlTEOUS  PROVISIONS  OF  THE  CONSTITUTION 
OF  THE  UNITED  STATES. 

ARTICLE  IV. 

Each  State  to  give  Full  Faith  and  Credit  to  the  Public  Acts  and 
Records  of  Other  States. 

Sec.  I.  Full  faith  and  credit  shall  be  given  in  each  State 
to  the  public  acts,  records,  and  judicial  proceedings  of  every 
other  State.  And  the  Congress  may  by  general  lavrs  pre- 
scribe the  manner  in  which  such  acts,  records,  and  proceed- 
ings shall  be  proved,  and  the  effect  thereof. 

State  Records. — Public  acts  of  a  State  are  the  laws  made 
by  the  Legislature  and  Governor  of  a  State.  Records  are  the 
old  laws  and  the  facts  about  history  and  property  which  have 
been  preserved.  Judicial  proceedings  refer  to  the  records  of 
the  courts.  All  proceedings  of  trials  held  by  courts  are 
carefully  preserved,  so  that  they  may  be  used  for  reference. 
If,  at  any  time,  a  State  wishes  to  know  anything  in  reference 
to  the  laws,  records,  and  judicial  proceedings  of  another 
State,  such  information  can  readily  be  secured.  These 
accounts  must  be  accepted  as  the  truth,  and  used  as  a  basis 
for  decisions  upon  similar  topics.  Example:  Cases  alike 
in  many  ways  are  frequently  tried  in  different  States  in  the 
Union.  The  result  in  all  should  be  identical.  But,  if  the 
result  in  the  State  in  which  certain  cases  are  settled  is  not 
known,  the  cases  in  another  State  might  have  a  different 
termination.  The  decisions  in  preceding  cases  may  be 
used  as  a  basis  in  forming  an  opinion  in  similar  ones. 

229 


230  CIVIL   GOVERNMENT. 

Privileges  of  Citizens. 

Sec.  n.  1.  The  citizens  of  each  State  shall  be  entitled  to 
all  privileges  and  immunities  of  citizens  in  the  several 
States. 

Privileges  of  Citizens. — A  privilege  is  a  right  possessed 
by  the  people  in  any  particular  place.  An  immunity  is  a 
special  right  possessed  by  some  individuals  and  not  by 
others. 

In  some  States  there  are  certain  rights  accorded  to  the 
citizens  which  those  of  other  States  do  not  possess.  Dif- 
ferent conditions  may  be  the  cause  of  this.  But  in  every 
State  equal  rights  must  be  given  to  all  who  live  therein. 
In  moving  into  another  State,  a  man  must  be  accorded  all 
the  rights  which  exist  in  that  State. 

This  clause  insures  equal  privileges  to  every  citizen  of  a 
State,  whether  a  native  of  the  State  or  not.  A  person 
visiting  for  a  short  time  would  enjoy  these  rights.  The 
purpose  of  this  provision  is  to  prevent  a  State  from  making 
a  law  which  would  grant  a  right  to  some  citizens  and  deny 
the  same  right  to  others.  In  1897  the  Legislature  of 
Illinois  made  a  law  which  gave  the  veterans  of  the  Civil 
War  the  preference  over  other  men  in  civil  service  exami- 
nations. If  this  law  had  become  operative  an  immunity 
would  have  been  created.  This  immunity  would  have 
been  enjoyed  only  by  a  special  few.  The  law  was  declared 
unconstitutional,  as  being  in  direct  opposition  to  this  clause. 


Fugitives  from  Justice. 
2.  A  person  charged  in  any  State  with  treason,  felony,  or 
other  crime,  who  shall  flee  from  justice,  and  be  found  in 
another  State,  shall,  on  demand  of  the  executive  authority 
of  the  State  from  which  he  fled,  be  delivered  up  to  be 
removed  to  the  State  having  jurisdiction  of  the  crime. 


MISCELLANEOUS  PROVISIONS  OF  THE  CONSTITUTION.      231 

Return  of  Criminals. — Officers  of  the  law  have  the 
power  to  arrest  criminals  only  within  their  own  State.  If  a 
criminal  should  flee  from  a  State  in  which  he  had  committed 
a  crime  to  another  State,  he  would  be  beyond  the  jurisdic- 
tion of  the  State  from  which  he  fled.  If  by  such  action  the 
offender  could  secure  immunity  from  arrest,  crime  would 
rapidly  increase.  Many  would  not  fear  the  law,  as  it  would 
be  very  easy  to  escape  punishment  by  fleeing  to  another 
State.  A  person  accused  of  a  crime,  and  who  takes  refuge 
in  another  State,  is  called  a  fugitive  from  justice. 

The  officers  of  the  law  in  the  State  to  which  a  criminal 
has  fled  are  notified,  and,  if  possible,  the  criminal  is  captured 
and  placed  in  prison.  The  officers  of  the  State  from  which 
the  criminal  fled  ask  the  executive  or  Governor  of  that  State 
to  issue  a  requisition  paper  on  the  Governor  of  the  State  in 
which  the  criminal  has  been  arrested  and  is  held  in  captivity. 
This  paper  asks  permission  to  remove  the  prisoner  to  the 
State  in  which  he  committed  the  crime.  If  this  permission 
is  granted  the  prisoner  is  taken  back  to  the  State  where  the 
crime  was  committed,  and  is  there  tried.  This  is  necessary, 
as  the  Constitution  says,  "  The  trial  of  all  crimes  shall  be 
held  where  the  said  crime  shall  have  been  committed." 

A  requisition  is  a  written  demand  from  the  Governor  of 
one  State  to  the  Governor  of  another  for  a  prisoner  who 
has  been  arrested  in  the  latter's  State. 

Extradition  Treaties. — By  means  of  treaties,  agreed  to 
by  all  civilized  countries,  criminals  fleeing  from  one  country 
to  another  can  be  returned.  There  are  but  few  places  to 
which  a  person  committing  a  crime  can  flee  and  be  safe  from 
arrest,  return,  and  punishment.  These  treaties  are  known 
as  "  extradition  treaties,"  and  the  papers  providing  for  the 
return  of  criminals  are  known  as  "  extradition  papers."    An 


232  CIVIL  GOVERNMENT. 

extradition  paper  is  a  written  demand  from  the  ruler  of  one 
country  to  the  ruler  of  another  for  an  escaped  criminal 
who  has  been  arrested  in  the  latter's  country. 

Fugritives  from  Service. 

3.  No  person  held  to  service  or  labor  in  one  State,  under 
the  laws  thereof,  escaping  into  another,  shall,  in  conse- 
quence of  any  law  or  regulation  therein,  be  discharged 
from  such  service  or  labor,  but  shall  be  delivered  up  on 
claim  of  the  party  to  w^hom  such  service  or  labor  may 
be  due. 

Fugitives  from  Labor. — This  clause  is  really  useless 
now,  as  the  class  of  persons  to  whom  it  applied  no  longer 
exists.  It  related  to  persons  bound  to  service  or  labor. 
These  were  of  two  classes, — namely : 

1.  Apprentices. 

2.  Slaves. 

During  the  colonial  days  it  was  the  custom  to  send  young 
men  to  master  mechanics  to  learn  trades.  The  parents  of 
the  young  man  agreed  to  allow  him  to  go  and  work  for  the 
master  mechanic.  The  latter  in  turn  agreed  to  clothe, 
board,  and  teach  the  young  man  a  trade.  This  agreement 
was  drawn  up  between  the  young  man's  parents  and  the 
master  mechanic,  and  was  known  as  a  contract.  The 
young  man  was  termed  an  "  apprentice."  Sometimes  the 
man  with  whom  he  lived  was  severe.  In  such  cases,  it 
frequently  happened  that  the  apprentice  ran  away.  When 
located,  he  was  returned  to  serve  the  remainder  of  his  time. 
Benjamin  Franklin,  while  a  youth,  was  apprenticed  to  learn 
the  printer's  trade. 

Slaves  were  persons  bound  to  service  and  labor.  In  this 
respect  a  slave  was  like  an  apprentice,  but  there  was  this 


MISCELLANEOUS  PROVISIONS  OF  THE  CONSTITUTION.      233 

great  difference :  a  slave  was  compelled  to  serve  for  life, 
while  an  apprentice  served  about  four  years.  A  slave,  being 
bound  for  life,  would  have  a  hard  time  if  the  master  were 
harsh.  In  such  a  case  the  desire  of  a  slave  to  escape  would 
be  greater  than  that  of  an  apprentice.  The  value  of  a  slave 
was  also  much  greater.  At  the  beginning  it  was  necessary 
for  the  master  to  buy  him,  and  the  many  years  service  which 
the  master  expected  would  be  gone  if  the  slave  escaped. 
The  desire  to  have  a  slave  returned  was  therefore  much 
greater  than  in  the  case  of  an  apprentice. 

A  slave  who  fled  from  one  State  to  another  was  not  free 
from  labor  or  service.  The  party  from  whom  such  slave 
fled  could  notify  the  proper  officers,  and,  if  caught,  the  run- 
away slave  was  returned  to  his  owner  or  master. 

The  Fugitive  Slave  Law  of  1850  was  somewhat  similar 
to  this  clause.  Many  people  of  the  North  assisted  runaway 
slaves  to  escape  to  Canada,  where  they  became  free,  as  this 
was  another  country.  Many  slaves  gained  their  freedom 
by  this  method,  which  was  known  as  the  "Underground 
Railway." 

The  last  two  clauses  are  alike  in  that  they  provide  for 
the  return  of  certain  persons.  One,  however,  provides  for 
the  return  of  fugitives  from  justice,  while  the  other  provides 
for  the  return  of  escaped  persons  from  service  or  labor. 


Admission  of  New  States. 

Sec.  m.  1.  New  States  may  be  admitted  by  the  Congress 
into  this  Union ;  but  no  new  State  shall  be  formed  or  erected 
within  the  jurisdiction  of  any  other  State,  nor  any  State  be 
formed  by  the  junction  of  two  or  more  States,  or  parts  of 
States,  without  the  consent  of  the  Legislatures  of  the  States 
concerned,  as  well  as  of  the  Congress. 


234  CIVIL   GOVERNMENT. 

Territories. — All  land  that  is  under  the  authority  of  the 
United  States  may  be  divided  into  three  classes, — namely : 

1.  States. 

2.  Territories. 

3.  Colonies. 

A  State  is  a  part  of  the  United  States,  having  a  regular 
form  of  government  made  in  accordance  with  the  provisions 
of  the  Constitution  and  laws  of  the  United  States.  All  of 
its  affairs  are  conducted  by  its  inhabitants. 

A  Territory  is  also  a  part  of  the  United  States,  but  it 
is  directly  under  the  control  of  the  national  government. 
The  chief  officers  are  appointed  by  the  President,  while 
the  minor  officials  are  selected  by  the  inhabitants. 

It  is  true  that  a  Territory  has  a  form  of  government,  but 
it  is  solely  controlled  by  the  laws  of  the  United  States.  But 
in  the  case  of  a  State,  it  has  a  separate  constitution  and 
special  laws  enacted  by  its  own  Legislature. 

A  Colony  is  a  tract  of  land  over  which  the  national  gov- 
ernment has  absolute  authority.  It  is  not  situated  in  the 
main-land  but  at  some  distance  from  it.  The  first  colonies 
of  the  United  States  were  obtained  as  a  result  of  the  war 
with  Spain  in  1898.  The  colonies,  when  in  proper  condi- 
tion, will  become  Territories. 

The  following  are  the  differences  between  a  State  and  a 
Territory : 

1.  A  State  has  representation  in  both  branches  of  Congress,  thus 
having  a  voice  in  the  making  of  national  laws.  A  Territory  has  no 
voice  in  the  making  of  such  laws,  although  each  Territory  is  allowed 
to  have  a  delegate  in  the  House  of  Representatives.  The  delegate 
may  speak  on  any  subject  pertaining  to  the  interests  of  the  Territory 
which  he  represents,  but  is  allowed  no  vote. 

2.  In  a  State  the  Governor  and  all  State  officials  are  elected  by  the 


MISCELLANEOUS  PROVISIONS  OF  THE  CONSTITUTION.      235 

people  of  the  State.  In  a  Territory  the  President,  with  the  consent 
of  the  Senate,  appoints  the  Governor  and  other  important  officials. 
The  people,  however,  are  accorded  the  right  to  elect  their  own  Legis- 
lature. 

3.  States  generally  have  a  larger  population,  and  the  industries  are 
better  developed  than  in  a  Territory. 

4.  The  citizens  of  a  State  vote  for  President,  while  those  in  a  Ter- 
ritory do  not. 

All  Territories  will  become  States  in  the  course  of  time. 
Increase  in  population  and  a  developed  state  of  indus- 
tries usually  lead  a  Territory  to  seek  admission  into  the 
Union. 

Change  from  Territory  to  a  State. — ^When  the  people 
of  a  Territory  wish  it  to  become  a  State,  a  resolution  is 
passed  by  the  Territorial  Legislature  and  sent  to  Congress, 
asking  permission  to  adopt  a  State  constitution.  If  per- 
mission is  granted,  elections  for  delegates  to  a  constitutional 
convention  are  held.  The  convention  meets  and  adopts  a 
State  constitution,  which,  after  being  ratified  by  the  people, 
is  presented  to  Congress  for  its  consideration.  If  Congress 
approves  it,  a  bill  is  introduced  in  that  body  for  the  admis- 
sion of  the  Territory  as  a  State.  If  the  bill  is  passed  and 
signed  by  the  President  the  Territory  becomes  a  State.  On 
the  Fourth  of  July  following  its  admission  a  new  star  is 
added  to  the  flag.  If  Congress  refuses  to  pass  the  bill  the 
Territory  remains  such  till  a  future  time. 

States  formed  frora  Parts  of  Old  States. — There  are 
two  things  necessary  before  a  State  can  be  made  from  parts 
of  other  States, — namely : 

1.  The  consent  of  the  States  concerned. 

2.  The  consent  of  Congress. 


236  CIVIL   GOVERNMENT. 

This  is  very  important,  as  it  prevents  any  disputes  in 
reference  to  the  boundaries  of  States.  In  the  history  of 
the  United  States  there  have  been  many  serious  disputes 
growing  out  of  boundary-lines.  The  Mexican  War  was 
partially  caused  by  this,  and  a  war  with  England  almost 
resulted  over  the  Oregon  boundary. 

The  Treaty  of  1783  definitely  fixed  the  boundary  of  the 
United  States  westward  to  the  Mississippi.  Almost  every 
State  bordering  on  the  Atlantic  Ocean  seized  this  oppor- 
tunity to  extend  its  territory.  Much  controversy  necessarily 
resulted,  which  bade  fair  to  result  in  warfare.  Perceiving 
that  there  was  no  opportunity  for  a  settlement  of  the  dis- 
pute, each  State  relinquished  its  claim  to  the  government, 
then  controlled  by  the  Second  Continental  Congress.  The 
territory  thus  relinquished  was  to  be  used  as  public  land 
and  be  under  the  direct  control  of  Congress. 

Congress  then  divided  the  land  into  two  parts, — ^viz., 
one  north  of  the  Ohio  River,  termed  the  Northwest  Terri- 
tory, and  the  other  south  of  the  Ohio  River,  termed  the 
Southwest  Territory.  Immigration  soon  set  in,  and  each 
Territory  was  divided  into  separate  parts,  given  names,  and 
admitted  into  the  Union  as  States. 

If  it  were  proposed  to  divide  Texas  into  five  new  States, 
it  would  be  necessary  for  Texas  and  Congress  to  give  their 
consent  before  the  division  could  be  accomplished.  If  a 
State  were  to  be  formed  from  parts  of  Pennsylvania,  Ohio, 
and  West  Virginia,  the  consent  of  the  Legislature  of  each 
of  these  States  and  also  of  Congress  would  be  necessary. 
During  the  Civil  War  West  Virginia  was  admitted  as  a  State 
without  the  consent  of  Virginia,  because  the  conditions  then 
existing  prevented  the  getting  ot  the  consent  of  the  mother 
State. 

In  1789  there  were  thirteen  States  ;  in  1901,  forty-five. 


MISCELLANEOUS  PROVISIONS  OF  THE  CONSTITUTION.      237 


states.                     Admitted. 

Electoral 
Vote. 

Population 
in  1900. 

Area, 
Square  Miles. 

1.  Delaware  .... 

1789 

3 

184,735 

2,060 

2.  Pennsylvania  . 

1789 

34 

6,301,365 

46,215 

3.  New  Jersey .    . 

1789 

12 

1.883,669 

7,815 

4.  Georgia     .    .    . 

1789 

13 

2;216,329 

69,476 

5.  Connecticut. 

. 

1789 

7 

908,365 

4,990 

6.  Massachusetts  . 

. 

1789 

16 

2,805,346 

8,315 

7.  Maryland 

. 

1789 

8 

1,189,946 

12,210 

8.  South  Carolina    . 

1789 

9 

1,340,312 

30,570 

9.  New  Hampshire 

1789 

4 

411,588 

9,306 

10.  Virginia    .... 

1789 

12 

1,854,184 

42,460 

11.  New  York    . 

1789 

39 

7,268,009 

49,170 

12.  North  Carolina 

\,   , 

1789 

12 

1,891,992 

52,250 

13.  Khode  Island 

.        1790 

4 

428,556 

1,250 

14.  Vermont  .    . 

.        1791 

4 

343,641 

9,565 

15.  Kentucky     . 

.        1792 

13 

2,147,174 

40,400 

16.  Tennessee .    . 

1796 

12 

2,022,723 

42,060 

17.  Ohio  .... 

1803 

23 

4,157,545 

41,080 

18.  Louisiana 

.        1812 

9 

1,381,627 

48,720 

19.  Indiana     .    . 

1816 

16 

2,516,463 

86,360 

20.  Mississippi    . 

1817 

10 

1,551,372 

46,810 

21.  Illinois.    .    . 

1818 

27 

4,821,550 

66,660 

22.  Alabama  .    . 

1819 

11 

1,828,697 

62,250 

23.  Maine    .    .    . 

1820 

6 

694,366 

33,040 

24.  Missouri    .    . 

1821 

18 

3,107,117 

69,415 

25.  Arkansas  ,    . 

1836 

9 

1,311,564 

63,850 

26.  Michigan  .    . 

1837 

14 

2,419,782 

63,915 

27.  Florida.    .    . 

1845 

5 

528,542 

68,680 

28.  Texas     .    .    . 

1845 

18 

3,048,828 

266,780 

29.  Iowa.    .    .    . 

.        1846 

13 

2,251,829 

56,025 

30.  Wisconsin     . 

1848 

13 

2,068,963 

56,040 

31.  California     . 

1850 

10 

1,485,053 

158,360 

32.  Minnesota     . 

1858 

11 

1,751,395 

83,366 

33.  Oregon  .    .    . 

.        1859 

4 

413,532 

96,030 

34.  Kansas  .    .    , 

1861 

10 

1,469,496 

82,080 

35.  West  Virginia 

1863 

7 

958,900 

24,780 

36.  Nevada     .    . 

1864 

3 

42,334 

110,700 

37.  Nebraska  .    . 

.        1867 

8 

1,068,901 

77,510 

38.  Colorado   .    . 

1876 

6 

539,700 

103,925 

39.  North  Dakota 

1889 

4 

319,040 

70,795 

40.  South  Dakota 

1889 

4 

401,659 

77,650 

41.   Montana  .    . 

1889 

3 

243,289 

146,080 

42.  Washington 

1889 

5 

617,672 

69,180 

43.  Idaho    .    .    . 

1890 

3 

161,771 

84,400 

44.  Wyoming     . 

1890 

3 

92,531 

97,890 

46.  Utah.    .    .    . 

1896 

3 

276,565 

84,970 

238 


CIVIL   GOVERNMENT. 


TBRRTTOEIBS  OF  THE  UNITED  STATES. 


Territories. 

Population  in  1900. 

Area,  Square  Miles. 

1.  New  Mexico 

2.  Arizona            

193,777 
122,212 
398,245 
44,000 
391,960 
154,001 
806,700 
278,718 

112,580 
113,020 

3.  Oklahoma 

4.  Alaska 

39,030 
577,390 

5.  Indian 

6.  Hawaiian  Islands 

7.  Porto  Eico 

8.  District  of  Columbia .... 

31,400 

6,640 

3,531 

70 

COLONIES  OF  THE  UNITED  STATES. 


Colonies. 

Population  in  1890. 

Area,  Square  Miles. 

Cuba.     (A  republic  in  1902)    . 
Philippine  Islands 

1,521,700 
7,000,000 

45,884 
114,361 

The  United  States  has  some  control  over  the  Samoan 
Islands  and  the  Guam  Island  in  the  Pacific  Ocean. 

The  District  of  Columbia  is  different  from  a  State  or 
a  Territory.  It  is  under  the  direct  control  of  Congress. 
There  is  no  Governor  or  Legislature.  The  people  residing 
within  the  District  have  no  vote. 

The  Growth  of  our  Country. — The  number  of  States 
has  increased  very  rapidly.  This  is  due  to  the  fact  that 
our  country  has  grown  in  extent.  After  the  Treaty  of  1783 
the  territory  of  the  United  States  extended  from  the  Great 
Lakes  to  Florida  and  from  the  Atlantic  Ocean  to  the  Missis- 
sippi River.  The  expansion  of  the  country  has  been  due  to 
purchase,  annexation,  exploration,  and  conquest.  The  fol- 
lowing are  the  additions  to  our  country  since  its  organization : 


MISCELLANEOUS  PROVISIONS  OF  THE  CONSTITUTION.      239 

1.  Louisiana,  purchased  from  France  in  1803  for  $15,000,000. 

2.  Florida,  purchased  from  Spain  in  1819  for  $5,000,000. 

3.  The  annexation  of  Texas,  in  1845. 

4.  California,  purchased  from  Mexico  in  1848  for  $15,000,000. 

5.  Gadsden  purchase,  from  Mexico,  in  1853,  for  $10,000,000. 

6.  Oregon,  by  exploration,  in  1792,  1803,  and  1846. 

7.  Alaska,  purchased  from  Russia  in  1867  for  $7,200,000. 

8.  Hawaiian  Islands,  by  annexation,  in  1898. 

9.  Cuba.     (A  republic  in  1902.) 

10.  Philippine  Islands,  by  war  with  Spain  and  purchase,  in  1898. 

11.  Porto  Rico,  by  war  with  Spain,  in  1898. 

12.  Guam  Island,  by  war  with  Spain,  in  1898. 


Territorial  Expansion. — Governments  whose  authority 
extends  over  millions  of  people  and  over  territory  great 
in  extent  and  not  compact,  but  scattered  in  diverse  parts 
of  the  world,  are  much  more  difficult  to  rule  than  those 
of  which  this  is  not  true.  When  there  are  many  people 
it  is  more  difficult  to  meet  their  wishes.  Dissatisfaction  re- 
sults. Wide-spread  dissatisfaction  tends  towards  rebellion. 
If  the  country  be  in  one  compact  mass  all  parts  are  in 
touch  with  the  central  government.  When  a  nation  has 
colonies,  governing  becomes  more  difficult.  Colonies  are 
always  hard  to  rule.  The  people  see  no  reason  why  they 
should  not  be  their  own  rulers. 

Any  nation  having  colonies  must,  as  a  matter  of  course, 
deal  with  a  variety  of  races  totally  different  from  its  own. 
The  civilization  of  all  will  not  be  the  same,  thus  adding 
another  difficulty  to  the  government.  The  government  in 
a  colony  must  be  more  or  less  of  a  military  character. 
The  natives  are  prone  at  any  time  to  have  an  uprising. 
Without  the  soldiers  the  civil  authorities  oftentimes  would 
be  put  to  death.  Therefore  such  government  becomes  one 
of  force  and  submission.    The  support  of  the  troops  adds 


240  CIVIL  GOVERNMENT. 

a  burden  to  the  tax-payers  at  home,  unless  sufficient  money- 
is  collected  in  the  colony.  In  the  opinion  of  many  people, 
the  United  States  faced  a  serious  and  difficult  problem  by 
assuming  control  of  Hawaii,  Porto  Rico,  and  the  Philippine 
Islands,  situated  at  great  distances  from  the  capital.  This 
complex  problem  was  thrust  upon  President  McKinley  as  a 
result  of  the  war  with  Spain.  He  and  his  advisers  deemed 
it  best  for  the  United  States  to  assume  direct  control  of  the 
islands. 

It  was  maintained  by  those  who  favored  the  retention  of 
the  islands  that  our  government  was  fast  forging  to  the 
front  among  the  nations  of  the  world,  and  that  in  holding 
this  place  it  must  act  as  a  protector  for  weak  and  tyran- 
nized peoples,  thus  performing  a  noble  work  for  humanity. 
Down-trodden  races  must  be  subjected  to  the  elevating  in- 
fluences of  an  enlightened  nation.  Since  the  islands  have 
been  in  our  charge  schools  have  been  established  in  every 
village.  It  was  further  argued  that  their  retention  would 
enhance  the  commercial  interests  of  the  United  States  by 
opening  new  and  promising  fields.  Immense  tracts  of 
fertile  and  untilled  lands  await  the  hand  of  the  scientific 
American  farmer  to  produce  valuable  crops.  The  climate 
of  these  places  being  tropical,  the  productions  of  such 
regions  would  increase  our  list  of  exchanges. 

Thus  our  government  in  its  rapid  progress  found  it  neces- 
sary to  govern  people  far  from  the  home  country.  The 
adopted  people  have  been  promised  the  fullest  religious 
and  civil  liberty  as  soon  as  they  are  qualified  for  self- 
government.  Already  Cuba  has  been  sent  forth  as  an  inde- 
pendent nation,  and  Porto  Rico  is  rapidly  making  progress 
in  all  directions.  Owing  to  the  condition  of  the  people  of 
the  Philippine  Islands,  it  will  require  serious  effort  and  a 
long  time  to  prepare  them  for  self-government. 


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MISCELLANEOUS  PROVISIONS  OF  THE  CONSTITUTION.      241 

Rules  concerningr  Territories. 

2.  The  Congress  shall  have  power  to  dispose  of  and  make 
all  needful  rules  and  regulations  respecting  the  territory  or 
other  property  belonging  to  the  United  States ;  and  nothing 
in  this  Constitution  shall  be  so  construed  as  to  prejudice  any 
claims  of  the  United  States,  or  of  any  particular  State. 

Government  of  Territories. — A  Territory  is  under  the 
direct  control  of  Congress  and  the  President.  Like  the 
nation  and  States,  the  government  of  a  Territory  consists 
of  three  departments, — namely : 

1.  Legislative. 

2.  Judicial. 

3.  Executive. 

The  people  residing  in  a  Territory  have  the  power  to 
elect  the  members  of  the  Territorial  Legislature.  This  con- 
sists of  two  parts, — viz.,  the  upper  house  or  Council,  and 
the  lower  house  or  House  of  Representatives. 

The  courts  are  established  by  Congress,  and  the  judges 
are  appointed  by  the  President  with  the  consent  of  the 
Senate.  The  Governor  is  also  appointed  by  the  President 
with  the  consent  of  the  Senate. 

"  Other  property"  in  the  clause  means  post-offices, 
national  parks,  navy-yards,  and  other  national  property.  As 
the  nation  owns  these  it  is  right  that  Congress  should  have 
the  power  to  make  rules  concerning  their  management. 

Republican  Form  of  Government  guaranteed  to  every  State. 

Sec.  IV.  The  United  States  shall  guarantee  to  every  State 
in  this  Union  a  repubUcan  form  of  government,  and  shall 
protect  each  of  them  against  invasion ;  and,  on  application 
of  the  Legislature,  or  of  the  Executive  (when  the  Legis- 
lature cannot  be  convened),  against  domestic  violence. 

16 


242  CIVIL   GOVERNMENT. 

Eepublican  Form  of  Government  guaranteed  to  Each 
State. — Guarantee  means  to  promise  or  secure.  Congress 
shall  guarantee  to  each  State  : 

1.  A  republican  form  of  government. 

2.  Protection  from  invasion. 

3.  Protection  against  domestic  violence. 


A  republican  form  of  government  is  one  in  which  the 
authority  is  exercised  by  representatives  chosen  by  the 
people.  If  a  strong  political  party  should  obtain  control  of 
Kentucky  and  set  up  a  monarchy  therein,  the  present  re- 
publican form  of  government  would  be  destroyed  and  the 
people  would  lose  many  of  their  rights.  In  this  case  many 
people  would  protest,  and  it  would  be  the  duty  of  the 
national  government  to  destroy  the  monarchical  form  and 
restore  the  republican  form.  This  is  another  good  example 
of  how  the  rights  of  the  people  are  safely  guarded  from  the 
schemes  of  those  who  might  wish  to  overthrow  the  govern- 
ment. 

An  invasion  is  the  entering  of  a  country  by  an  armed 
enemy.  As  States  are  not  permitted  to  keep  a  standing 
army  or  navy,  it  is  the  duty  of  the  government  to  protect 
the  property  of  the  citizens  of  a  State  when  it  is  invaded. 
In  1814  the  English  invaded  our  country  and  burned  the 
city  of  Washington.  As  our  troops  were  stationed  at  differ- 
ent places  and  could  not  assemble  in  time,  the  English  were 
unopposed. 

Domestic  violence  means  disturbances  within  the  States, 
such  as  riots  and  insurrections.  Whenever  these  disturb- 
ances arise  the  State  authorities  endeavor  to  quell  them. 
For  this  purpose  the  militia  of  the  State  is  used.  When 
the  disturbance  is  so  great  and  violent  that  the  militia  is 


MISCELLANEOUS  PROVISIONS  OF  THE  CONSTITUTION.      243 

unable  to  suppress  it,  the  assistance  of  the  United  States 
may  be  obtained  by : 

1.  The  application  of  the  Legislature  of  the  State. 

2.  The  application  of  the  Governor  of  the  State  when  the  Legis- 
lature is  not  in  session. 

When  the  Legislature  of  a  State  is  not  in  session  the 
Governor  is  given  power  to  apPly  for  assistance  from  the 
national  government,  because  it  would  take  too  long  a 
time  to  convene  the  Legislature,  and  it  would  also  be  very 
expensive. 

When  any  State  is  in  rebellion  or  insurrection  against 
the  United  States,  it  is  not  necessary  to  secure  the  consent 
of  the  State  to  allow  United  States  soldiers  to  enter  that 
State,  nor  is  it  considered  necessary  to  have  such  consent 
when  the  rights  of  the  general  government  are  disrespected. 
President  Washington  sent  soldiers  to  Pennsylvania  to 
crush  the  Whiskey  Insurrection.  President  Jackson  sent 
troops  to  South  Carolina  to  compel  the  payment  of  duties 
on  imported  goods.  During  a  strike  in  Illinois  President 
Cleveland  sent  troops  to  Chicago  to  secure  the  carrying  of  the 
mails.    In  none  of  these  cases  did  the  States  ask  for  troops. 

ARTICLE  V. 
Amendments  to  the  Constitution. 

The  Congress,  T^henever  two-thirds  of  both  Houses  shall 
deem  it  necessary,  shall  propose  amendments  to  this  Con- 
stitution, or,  on  the  application  of  the  Legislatures  of  two- 
thirds  of  the  several  States,  shall  call  a  convention  for 
proposing  amendments,  w^hich,  in  either  case,  shall  be  vaUd 
to  all  intents  and  purposes,  as  part  of  this  Constitution, 
when  ratified  by  the  Legislatures  of  three-fourths  of  the 
several  States,  or  by  conventions  in  three-fourths  thereof, 
as  the  one  or  the  other  mode  of  ratification  may  be  proposed 
by  the  Congress :  Provided,  that  no  amendment  which  may 
be  made  prior  to  the  year  one  thousand  eight  hundred  and 


244  CIVIL   GOVERNMENT. 

eight  shall  in  any  manner  affect  the  first  and  fourth  clauses 
of  the  ninth  section  of  the  first  article ;  and  that  no  State, 
without  its  consent,  shall  be  deprived  of  its  equal  suffrage 
in  the  Senate. 

Amendments. — When  a  constitution  is  adopted  it  is 
for  the  future  government  of  a  State  or  nation.  In  thus 
looking  ahead  it  is  not  possible  to  make  every  part  suit  the 
conditions  which  are  likely  to  arise.  In  the  course  of  a 
hundred  years  people  change  considerably  in  ideas.  Edu- 
cation becomes  more  general.  Many  inventions  and  dis- 
coveries make  labor  easier  and  life  more  comfortable.  The 
manners  and  customs  also  change.  These  changes  may 
necessitate  alterations  being  made  in  the  existing  govern- 
ment to  suit  the  new  conditions.  These  changes  can  be 
made  either  by  adopting  an  entirely  new  constitution  or  by 
changing  that  part  of  the  old  which  no  longer  applies.  Of 
these  two  methods  the  latter  is  to  be  preferred,  as  it  is 
easier  and  saves  considerable  time. 

An  alteration  of  any  part  of  a  constitution  is  called  an 
amendment.  The  makers  of  the  Constitution  knew  that  a 
time  would  come  when  amendments  would  be  needed,  so 
they  inserted  a  clause  describing  the  manner  in  which  this 
could  be  done.  The  following  amendments  have  been  made 
to  the  Constitution : 

First  ten  in  1791,  Washington's  administration. 
Eleventh  in  1798,  John  Adams's  administration. 
Twelfth  in  1804,  Jefferson's  administration. 
Thirteenth  in  1865,  Johnson's  administration. 
Fourteenth  in  1868,  Johnson's  administration. 
Fifteenth  in  1870,  Grant's  administration. 

Method  of  amending. — There  are  two  parts  in  the 
process  of  making  an  amendment  a  part  of  the  Constitution. 
It  must  first  be  proposed,  and  then  ratified. 


MISCELLANEOUS  PROVISIONS  OF  THE  CONSTITUTION.      245 


Two  "Ways  of  proposing 
Amendments 


By  Congress ;  vote,  two-thirds  of 
both  houses. 

By  a  convention,  called  hy  Congress, 
when  the  Legislatures  of  two-thirda 
of  the  States  apply  for  it. 

Of  these  two  methods  of  proposing  amendments  the 
first  is  the  simpler.  As  Congress  represents  the  people,  a 
vote  on  an  amendment  by  it  would  really  be  a  vote  of  the 
people  themselves. 

A  convention  is  a  meeting  of  delegates  chosen  by  the 
people  to  consider  and  propose  an  amendment.  In  case 
a  convention  is  to  be  held,  it  is  necessary  to  hold  a  special 
election  to  select  delegates  to  attend  it.  This  would  take 
time,  and  would  be  very  expensive.  It  is  probable  that  the 
delegates  to  such  a  convention  would  do  no  better  than  the 
Congressmen. 

Ratify  means  to  approve  or  to  give  consent  to. 


Tw^o  "Ways  of  ratif^dngr 
Amendments    ..... 


1.  By  three-fourths  of  the  Legislatures 

of  the  States. 

2.  By  conventions  in  three-fourths  of 

the  States. 


The  first  method  seems  to  be  better  than  the  second  for 
ratifying  an  amendment.  The  members  of  the  State  Legis- 
latures are  chosen  directly  by  the  people,  and,  being  already 
chosen,  no  special  election  is  required.  It  is  also  a  more 
rapid  way,  as  the  choosing  of  delegates  to  a  convention 
involves  considerable  time. 

Congress  has  the  power  to  select  the  way  in  which 
amendments  are  to  be  ratified.  The  fifteen  amendments 
which  have  become  a  part  of  the  Constitution  were  all 
proposed  by  Congress  and  ratified  by  the  State  Legislatures. 
This  has  worked  so  well  that  it  is  likely  that  the  other 
method  will  never  be  used. 


246  CIVIL   GOVERNMENT. 

A  larger  vote  is  required  to  ratify  than  to  propose  an 
amendment.  This  is  because  an  amendment  has  very 
important  effects,  and  no  change  should  be  made  in  the 
Constitution  unless  a  great  number  consent  to  it.  When 
an  amendment  is  ratified  by  the  requisite  number  of  States 
any  State  which  opposed  it  must  obey  it  just  the  same  as  if 
it  had  ratified  it. 


Exceptions  to  the 
Power  of 
Amendment  .   . 


1.  No  amendment  prohibiting  the  slave-trade 

could  be  made  before  1808. 

2.  No  amendment  to  the  method  of  laying  a 

direct  tax  which  was  in  operation  could  be 
made  before  1808. 

3.  No  State  can,  without  its  consent,  be  com- 

pelled to  lose  its  equal  right  in  the  Senate. 


These  exceptions  were  the  result  of  compromises  in  the 
Constitutional  Convention  of  1787,  by  which  the  consent 
of  the  States  to  the  ratification  of  the  Constitution  was 
secured. 

The  first  two  exceptions  were  caused  by  slavery,  and, 
since  this  no  longer  exists,  they  are  now  only  a  matter  of 
history.  By  the  first  the  importation  of  slaves  could  con- 
tinue without  interruption  until  the  year  1808.  In  that 
year  a  law  went  into  effect  by  which  the  slave-trade  was 
stopped.  This  does  not  mean  that  the  slave-traffic  within 
the  United  States  ceased,  but  that  the  importation  of  slaves 
from  foreign  countries  stopped. 

The  third  exception  is  still  in  force,  and  probably  never 
will  be  changed.  No  State  will  give  its  consent  to  lose 
either  of  its  two  votes  in  the  Senate,  and  without  its  consent 
this  cannot  be  done. 

New  Method  of  Direct  Taxation. — Under  the  original 
article,  direct  taxes  were  laid  on  the  population.     In  com- 


MISCELLANEOUS  PROVISIONS  OF  THE  CONSTITUTION.      247 

puting  the  population,  only  three-fifths  of  the  slaves  were 
counted.  By  the  Fourteenth  Amendment  this  was  changed. 
There  being  no  slaves,  every  negro  is  counted  as  one  instead 
of  three-fifths  of  a  man,  as  under  the  old  clause.  The  fol- 
lowing is  the  manner  of  laying  direct  taxes  as  compared  to 
the  method  previous  to  1868.  Let  us  take  the  State  of 
South  Carolina  as  an  example. 


1800. 

1870. 

W  hite  persons     .    .    . 
Slaves  (f  of  100,000)  . 

.    200,000 
.      60,000 

White  persons     ....    400,000 
Freedmen 120,000 

Population   .    .    . 

.    260,000 

Population   ....    620,000 

Tax  per  person, 

$1.00. 

Tax  per  person,  $1.00 

260,000  at  $1.00  each  -- 

=  $260,000. 

520,000  at  $1.00  each  =  $520,000. 

ABTICLE  VI. 

Public  Debt. 

1.  All  debts  contracted  and  engagements  entered  into 
before  the  adoption  of  this  Constitution  shall  be  as  valid 
against  the  United  States  under  this  Constitution  as  under 
the  Confederation. 

Honesty. — The  existing  period  is  well  marked  by  the 
never-ceasing  search  after  money.  The  chief  aim  in  life 
appears  to  be  the  accumulation  of  wealth.  Accompanying 
this  desire  are  other  characteristics,  such  as  deceit,  flattery, 
and  dishonesty.  All  of  these  tend  to  degrade.  The  rugged 
honesty  of  the  colonists  forms  a  pleasant  picture  in  recollec- 
tion. Right  traits  of  character  are  sources  of  pleasure  to 
the  possessor  and  beholder.  Honesty  does  not  have  a 
value  in  dollars ;  its  value  lies  in  the  freedom  of  conscience 
which  its  possession  gives. 

Honesty  is  a  potent  element  in  a  man's  character.  A 
good  reputation  is  the  result  of  proper  action  towards  those 


248  CIVIL   GOVERNMENT. 

around  us.  Honesty  means  truthfulness.  This  is  the 
meaning  of  the  word  when  used  in  connection  with  social 
affairs.  Promises  made  in  conversations  and  in  letters 
are  honestly  fulfilled.  The  respect  given  to  a  person  pos- 
sessing this  quality  is  limitless.  Even  those  who  do  not 
have  honesty  in  this  sense  are  ready  to  attest  the  honor 
that  should  be  given  to  those  who  have.  Honesty  is  used 
in  another  and  perhaps  broader  manner.  In  business  and 
where  money  is  concerned  the  word  fmds  its  home.  A 
man  pays  all  his  debts  regularly  and  meets  all  his  notes  in 
due  time ;  this  man  is  also  called  honest.  In  commercial 
circles  he  is  as  much  respected  as  the  other  in  society. 
When  young  in  business  it  was  necessary  for  him  to  give 
security  for  the  payment  of  his  bills  or  else  the  amount 
of  his  purchases  was  limited.  All  bills  having  been  met 
regularly,  he  slowly  acquired  a  reputation  for  honesty. 
Credit  is  a  close  follower  of  honesty.  Now  the  man  can 
secure  almost  any  amount  of  credit,  and  the  payment  can  be 
deferred  to  any  time.  No  fear  is  felt  as  to  its  payment.  It 
will  be  paid.  Wholesale  business  houses  have  many  illus- 
trations :  some  of  their  patrons  can  secure  any  amount  of 
goods  from  them  without  security,  while  others  must  pay 
immediately  or  on  delivery  of  goods. 

Honesty  in  business  and  honesty  in  society  are  so 
closely  allied  that  where  the  one  is  found  the  other  will  of 
necessity  be  there  also.  The  desire  for  a  reputation  for 
honesty  should  be  strong  in  every  one.  It  is  a  trait  acquired 
partly  by  habit.  Every  truthful  statement,  every  debt  paid 
help  to  form  a  habit  which  will  have  its  own  reward. 

It  has  been  truthfully  said  that  "  An  honest  man  is  the 
noblest  work  of  God." 

The  sense  of  honesty  was  strong  in  the  men  of  1787. 
The  immense  debt  contracted  by  the  Second  Continental 


MISCELLANEOUS  PROVISIONS  OF  THE  CONSTITUTION.      249 

Congress  could  easily  have  been  repudiated.  The  noble 
thought,  however,  of  taking  this  debt  and  making  it  com- 
pulsory on  the  new  government  is  strikingly  illustrated  by 
the  provision  of  this  clause.  The  confidence  thus  created 
in  the  new  government  was  a  means  of  strengthening  it, 
and  was  one  of  the  reasons  for  its  successful  inception. 

Payment  of  Old  Debts. — By  the  change  of  the  form  of 
government  in  1789,  it  would  have  been  a  very  simple 
matter  to  have  thrown  aside  old  debts.  A  sure  sign  of  the 
weakness  of  a  government  is  its  inability  to  pay  its  debts. 
The  government,  under  the  Articles  of  Confederation,  owed 
much  money,  and  many  creditors  feared  that  they  would 
lose  all  by  the  change.  The  Convention,  however,  had  no 
such  intention,  and  placed  this  clause  in  the  Constitution. 
All  engagements  made  before  1789  would  be  continued  after 
that  year.  This  was  a  very  wise  provision,  and  no  doubt 
won  many  supporters  for  the  Constitution  in  its  early  days. 

By  the  authority  of  this  clause,  Alexander  Hamilton,  in 
1790,  had  a  law  made,  known  as  the  "Funding  System," 
by  which  all  debts  were  to  be  paid.  This  system  provided 
for  the  payment  of : 

1.  The  running  expenses  of  the  government. 

2.  All  debts  due  the  foreign  countries  who  aided  the  Colonies 
during  the  Revolutionary  War. 

3.  Money  owed  to  the  different  States.  Some  States  went  to  great 
expense  in  preparing  soldiers  for  the  Continental  army  and  in  pro- 
tecting other  States. 

4.  All  debts  due  to  soldiers  of  the  Continental  army. 

The  Supreme  Law  of  the  Land. 

2.  This  Constitution,  and  the  laws  of  the  United  States 
which  shall  be  made  in  pursuance  thereof,  and  all  treaties 
made,  or  which  shall  be  made,  under  the  authority  of  the 


25Q  CIVIL  GOVERNMENT. 

United  States,  shall  be  the  supreme  law  of  the  land ;  and 
the  judges  in  every  State  shall  be  bound  thereby,  anything 
in  the  Constitution  or  laws  of  any  State  to  the  contrary 
notwithstanding. 


The  Supreme  Law  of  the  Land. — The  supreme  law  of 
the  land  consists  of  three  separate  bodies  of  laws, — namely : 

1.  The  Constitution  and  its  amendments. 

2.  All  laws  made  by  Congress  from  1789  till  the  present  time. 

3.  All  treaties  made  from  1789  till  the  present  time. 

The  judges  in  each  State  are  compelled  to  give  their 
decisions  from  the  supreme  law. 

By  this  clause  it  will  be  seen  that  the  nation  is  above 
any  State.  South  Carolina  opposed  this  clause  when  she 
refused  to  pay  duty  on  imported  goods  according  to  the 
tariff  law  of  that  time.  President  Jackson  forced  the  people 
to  pay  the  tax.  This  action  of  South  Carolina  has  been 
termed  "  nullification."  Nullification  is  the  act  of  annulling 
a  law,  or  declaring  it  of  no  effect.  This  principle,  how- 
ever, is  contrary  to  the  supreme  law  of  the  land. 

Constitutional  Oath  and  Beligrious  Test. 

3.  The  Senators  and  Representatives  before  mentioned, 
and  the  members  of  the  several  State  Legislatures,  and  all 
executive  and  judicial  officers,  both  of  the  United  States 
and  of  the  several  States,  shall  be  bound  by  oath  or  affir- 
mation to  support  this  Constitution;  but  no  reUgious  test 
shall  ever  be  required  as  a  qualification  to  any  office  or 
public  trust  under  the  United  States. 

Oath  of  Office. — All  important  United  States  and  State 
officers  are  required  to  take  an  oath  or  affirmation  for  the 
proper  performance  of  the  duties  of  their  offices.     Only 


MISCELLANEOUS  PROVISIONS  OF  THE  CONSTITUTION.      251 

one  of  the  two  is  required.     A  person  taking  an  oath  need 
not  take  an  affirmation. 


Persons  required  to  take  an 
Oath  or  Afflrmation    .  .   . 


National  officers 


1.  Legislative. 

2.  Executive. 

3.  Judicial, 


1.  Legislative. 
State  officers    .    .    ■{  2.  Executive. 
3.  Judicial. 


No  Religious  Test  to  hold  Office. — No  religious  test 
can  be  required  as  a  qualification  to  hold  office  under  the 
government  of  the  United  States.  A  person  may  practise 
any  religion  so  long  as  it  interferes  with  no  one.  No  mat- 
ter to  what  faith  a  man  belongs,  his  religion  should  govern 
his  actions  and  should  teach  him  his  obligations  to  his 
Creator  and  his  duty  to  his  country. 

ARTICLE  VII. 
Batlflcation  of  the  Constitution. 

The  ratification  of  the  Conventions  of  nine  States  shall  be 
sufficient  for  the  establishment  of  this  Constitution  between 
the  States  so  ratifying  the  same. 

Ratification. — Under  the  Articles  of  Confederation  the 
consent  of  every  State  was  required  before  they  could  go 
into  effect.  As  a  rule,  it  is  impossible  to  get  everybody  to 
agree  to  any  one  thing.  It  took  four  years  to  secure  the 
consent  of  the  thirteen  States  to  the  Articles.  This  mis- 
take being  apparent,  it  was  avoided  when  the  time  came 
for  ratifying  the  Constitution.  In  the  Constitution  the 
consent  of  but  nine  States  was  required,  and  these  were 
secured  in  less  than  a  year.  The  remainder  of  the  thirteen 
States  ratified  it  later ;  the  last  State  being  Rhode  Island, 
in  1790. 


252  CIVIL   GOVERNMENT. 

SUMMABY. 

1.  State  laws,  records,  and  court  proceedings  must  be  respected  in 
every  other  State  in  the  Union. 

2.  Citizens  going  from  one  State  to  another  are  entitled  to  all  the 
privileges  and  immunities  of  that  State. 

3.  Fugitives  from  justice  must  be  returned  if  captured.  The 
tendency  to  commit  crime  and  escape  punishment  would  increase  if 
this  were  not  so. 

4.  New  States  are  admitted  to  the  Union  whenever  Congress  gives 
its  consent.  In  1789  there  were  thirteen  States  ;  now  there  are  forty- 
five.  Colonies  and  Territories  are  parts  of  the  country,  but  do  not 
possess  the  same  political  rights  as  the  States. 

5.  A  government  by  representatives  is  guaranteed  to  every  State. 
Should  it  so  happen  that  a  party  would  attempt  to  make  a  monarchy 
of  a  State,  and  thus  deprive  the  people  of  their  representation,  the 
national  government  would  interfere  and  restore  matters  to  their 
republican  form. 

6.  The  defective  parts  of  the  Constitution  may  be  changed.  This 
is  done  by  an  amendment.  Two  methods  of  amending  are  provided. 
Either  method  may  be  used.  Fifteen  changes  have  been  made  to  the 
Constitution  since  its  inception. 

7.  The  debts  contracted  during  the  Revolutionary  War  and  from 
1781  to  1789  were  considered  a  part  of  the  debt  of  the  country 
when  the  Constitution  went  into  effect. 

8.  The  highest  laws  of  the  land  are  those  included  in  the  Consti- 
tution and  those  made  by  Congress.  The  laws  of  the  land  consist  of : 
(a)  The  Constitution ;  {b)  Laws  made  by  Congress  since  1789  ;  (c)  All 
treaties. 

When  a  State  law  conflicts  with  any  of  these  it  is  void.  The 
United  States  laws  are  supreme. 

9.  Oaths  or  affirmations  must  be  taken  by  all  national  and  State 
officers  for  the  faithful  performance  of  their  duties.  The  oath  must 
not  be  mistaken  for  religion,  as  every  one  is  permitted  to  follow  any 
religion. 

10.  To  ratify  the  Constitution  the  votes  of  nine  States  were  required. 
These  were  soon  obtained.  Had  any  State  not  given  its  consent  such 
State  would  have  become  a  nation  by  itself. 


MISCELLANEOUS  PROVISIONS  OF  THE  CONSTITUTION.      253 

QUESTIONS. 

1.  What  recognition  do  the  records  and  laws  of  one  State  receive  in 
the  other  States  ? 

2.  A  citizen  from  Oregon  goes  to  Florida.  What  rights  does  he 
take  with  him,  and  to  what  rights  is  he  entitled  in  his  new  State? 

3.  How  do  the  rights  of  all  citizens  in  Kansas  compare  ? 

4.  How  is  justice  more  fully  secured? 

6.  If  a  man  commits  a  crime  in  Baltimore  and  escapes  from  the 
police  of  that  city,  how  can  he  be  brought  back  for  trial  and  punish- 
ment if  he  is  captured  in  Duluth  ? 

6.  About  an  apprentice,  tell :  (a)  The  meaning  of  the  term  ;  (6) 
The  reason  one  would  flee  from  his  employer ;  (c)  How  he  could  be 
returned. 

7.  Give  a  full  account  of  the  Fugitive  Slave  Law,  telling  :  (a)  Its 
purpose  ;  (6)  When  made  ;  (c)  Its  author. 

8.  How  is  the  number  of  States  in  the  nation  increased? 

9.  What  is  a  Territory  ?  Name  the  differences  between  a  Territory 
and  a  State. 

10.  State  the  procedure  in  order  to  make  Oklahoma  a  State. 

11.  Name  all  the  Territories  existing  at  present. 

12.  Tell  what  States  were  made  from  :  (a)  The  Northwest  Terri- 
tory ;  (^>)  The  Southwest  Territory  ;  (c)  The  Louisiana  purchase  ;  (d) 
The  Florida  purchase  ;  (e)  The  Oregon  Territory.  Give  the  date  of 
the  acquirement  of  each  of  these  Territories. 

13.  Before  new  States  can  be  formed  from  old  ones,  what  is  neces- 
sary ? 

14.  In  an  outline  show  how  the  country  has  grown  since  1789. 

15.  Write  a  brief  account  of  the  government  of  a  Territory. 

16.  What  is  a  republican  form  of  government? 

17.  How  can  Congress  guarantee  this  form  of  government  to  a 
State  ? 

18.  How  can  the  United  States  protect  a  State  in  case  of  war  or 
insurrection  ? 

19.  About  amendments,  state  :  (a)  What  they  are  ;  (b)  Why  they 
are  necessary;  (c)  How  many  have  been  made  to  the  Constitution 
since  1789  ;  (d)  The  effect  of  each. 

20.  Make  an  outline.     Call  it  Amendments  to  the  Constitution  of 


254  CIVIL   GOVERNMENT. 

the  United  States.  Show  :  (a)  Two  ways  of  proposing  amendments  ; 
(b)  Two  ways  of  ratifying  them  ;  (c)  Exceptions  to  the  power  of  amend- 
ing the  Constitution. 

21.  What  provision  did  the  makers  of  the  Constitution  insert  in 
that  document  to  insure  the  payment  of  the  old  debts  of  the  United 
States  which  had  been  made  previous  to  1789? 

22.  The  supreme  law  of  the  land  :  {a)  Tell  what  it  is  ;  (6)  Of  what 
does  it  consist  ? 

23.  Who  are  compelled  to  take  an  oath  or  affirmation? 

24.  How  was  the  Constitution  ratified  ? 

25.  Explain  immunity,  requisition,  extradition.  Territorial  dele- 
gate, invasion,  religious  test. 

26.  What  is  the  difference  between  a  Territorial  delegate  to  Con 
gress  and  a  State  representative  to  the  same  body  ? 


CHAPTER    XIV. 

AMENDMENTS  TO  THE  CONSTITUTION  OP  THE 
UNITED  STATES. 

An  amendment  is  a  clause  added  to  a  constitution  by 
which  some  provision  in  it  is  changed.  A  law  is  a  result 
of  the  exercise  of  a  power  granted  by  the  Constitution  to 
Congress.  An  amendment  and  a  law  must  both  be  obeyed 
by  the  people;  one  is  a  change  in  the  Constitution,  the 
other  is  not. 

The  first  ten  amendments  were  adopted  at  the  same  time, 
in  1791.  They  contained  certain  rights  of  the  people  which 
were  omitted  from  the  Constitution,  hence  they  form 
what  is  termed  a  *'  Bill  of  Rights."  Being  adopted  so  soon 
after  the  Convention  of  1787,  they  are  really  a  part  of  the 
original  Constitution,  and  were  probably  written  by  men 
who  were  members  of  that  Convention.  They  are  not  as 
much  amendments  as  they  are  additions,  inasmuch  as  they 
changed  nothing  contained  in  the  Constitution.  Possibly 
in  the  excitement  of  the  time  these  rights  were  forgotten, 
hence  they  were  inserted  afterwards.  The  rights  could  have 
been  secured  to  the  people  by  laws.  By  doing  this  the 
longer  process  of  making  amendments  would  have  been 
averted.  It  was  the  desire,  though,  to  have  them  a  part  of 
the  Constitution,  so  that  they  could  not  be  readily  changed. 
Had  the  rights  been  secured  by  laws,  a  change  could  easily 
have  been  made  by  a  majority  of  Congress  and  the  signa- 
ture of  the  President.  The  Legislatures  of  the  States 
would  not  have  been  consulted. 

266 


256  CIVIL   GOVERNMENT. 

ARTICLE  I. 
Freedom  of  Religion  and  of  the  Press. 
Congress  shall  make  no  la-w  respecting  an  establishment 
of  religion,  or  prohibiting  the  free  exercise  thereof;  or 
abridging  the  freedom  of  speech  or  of  the  press;  or  the 
right  of  the  people  peaceably  to  assemble,  and  to  petition 
the  government  for  a  redress  of  grievances. 

Freedom  of  Religion. — The  following  are  some  of  the 
rights  which  are  possessed  by  those  living  under  the  pro- 
tection of  the  United  States,  and  which  Congress  must 
respect : 

1.  No  interference  in  regard  to  religion. 

2.  Freedom  of  speech  and  press. 

3.  Right  to  assemble  and  to  petition. 

The  chief  reason  for  the  settlement  of  the  colonies  was 
religion  and  not  trade.  In  almost  every  country  of  Europe, 
in  the  days  of  settlements,  people  were  persecuted  severely 
because  of  their  religious  behefs.  Laws  were  made  pro- 
viding for  an  established  church.  All  were  required  to  be 
adherents.  Other  sects  were  barred.  Meetings  could  be 
held  only  in  secret.  If  found  out,  severe  punishment  was 
inflicted  upon  those  who  attended  these  secret  meetings. 
To  avoid  persecution  and  to  worship  according  to  their 
beliefs,  they  fled  from  their  tormentors.  It  seemed  provi- 
dential that  the  New  World  was  open  to  them.  It  wass 
ready  to  receive  them,  and  they  were  not  slow  in  coming. 

The  New  England  colonies  were  settled  by  Puritans  from 
England,  Pennsylvania  by  Quakers  from  England,  and 
Georgia  by  English  and  some  Protestants  from  Germany. 
Carolina  was  settled  by  the  Huguenots  from  France. 

It  is  a  mistake  to  attempt  to  have  but  one  religion  in  a 
country.  There  is  nothing  which  people  will  resent  more 
than  to  be  compelled  to  attend  or  support  a  church  against 


AMENDMENTS   TO   THE   CONSTITUTION.  257 

their  will.  The  error  in  religious  matters  was  avoided  in 
the  United  States,  and  freedom  of  religion  was  secured  by 
the  First  Amendment. 

Freedom  of  the  Press. — Abridge  means  to  shorten  or 
to  curtail.  No  law  can  be  made  that  will  shorten  or  curtail 
the  right  to  speak.  "  The  press"  refers  to  printed  matter. 
No  law  can  be  made  forbidding  the  publishing  of  anything 
in  the  newspapers.  The  newspapers,  through  their  re- 
porters, are  incessantly  investigating  the  actions  of  public 
officials.  Articles  are  then  inserted  praising  or  condemning 
them.  The  citizens  thus  keep  posted  about  them.  Office- 
holders know  that  their  actions  are  watched,  hence  they 
endeavor  to  avoid  criticism.  These  rights  exist  only  to 
a  small  extent  in  some  monarchies.  It  is  a  serious  offence 
in  Germany  to  speak  or  write  anything  disrespectful  of  the 
ruler  or  of  any  official  of  the  government.  Of  course, 
if  a  newspaper  publishes  anything  that  is  not  true  in  refer- 
ence to  a  man,  he  can  sue  the  paper  for  damages.  A  false 
publication  is  known  as  *'  libel." 

The  Sedition  Law  of  1798  was  a  violation  of  this  right. 
It  provided  for  the  punishment  of  any  one  who  spoke  or 
wrote  anything  malicious  about  the  government  or  Presi- 
dent of  the  United  States.  This  law,  like  the  Alien  Law, 
aroused  great  dissatisfaction,  and  was  soon  repealed. 

The  Right  to  assemble  and  to  petition. — Sometimes 
men,  chosen  to  represent  the  people  in  the  government,  do 
not  carry  out  the  wishes  of  their  constituents.  These  repre- 
sentatives should  be  told  in  some  way  how  the  people  wish 
them  to  act.  This  can  be  done  by  assembling  and  consider- 
ing the  matter.  After  discussing  the  question  in  meeting, 
a  petition  containing  their  views  may  be  sent  to  the  rep- 
resentatives.   If  the  people  of  a  certain  district  are  dis- 

17 


258  CIVIL   GOVERNMENT. 

satisfied  with  some  act  of  Congress,  the  petition  is  sent  to 
the  representative  of  that  district,  and  through  him  it  is 
made  known  to  Congress.  So  long  as  the  assembly  is 
peaceful  no  one  can  disturb  it. 

When  John  Quincy  Adams  was  a  member  of  the  House 
of  Representatives  he  presented  many  petitions  urging  the 
freeing  of  the  slaves  in  the  District  of  Columbia.  Another 
good  instance  of  the  use  of  this  right  was  when  the  people 
urged  Congress  not  to  admit  to  its  membership  Brigham 
H.  Roberts,  of  Utah,  who  was  accused  of  polygamy. 

Just  before  the  Revolutionary  War,  several  petitions 
adopted  by  the  colonists  were  sent  to  the  king  and  people 
of  England,  but  they  accomplished  nothing,  because  they 
were  not  heeded.  The  War  of  1812  was  opposed  by 
several  New  England  States  because  it  was  thought  that 
their  chief  industry,  commerce,  would  be  ruined.  Twenty- 
six  delegates  met  at  Hartford,  Connecticut,  in  1814,  to 
consider  their  grievances.  Nothing  was  done  by  them, 
however,  as  peace  was  soon  afterwards  declared.  The 
opposition  to  the  war,  being  confined  mostly  to  the  Federalist 
party,  was  small,  and  caused  the  death  of  this  political 
party.  In  the  following  Presidentiaf  election  it  received  but 
one  electoral  vote. 

ARTICLE  II. 
Right  to  keep  and  bear  Arms. 

A  well-regulated  militia  being  necessary  to  the  security 
of  a  free  State,  the  right  of  the  people  to  keep  and  bear 
arms  shall  not  be  infringed. 

The  Right  to  bear  Arms. — The  militia  is  an  adjunct 
to  the  regular  army.  If  the  militia  is  to  be  of  any  advan- 
tage it  must  be  well  drilled  and  armed.  Therefore,  citizens 
may  drill  themselves  in  military  tactics  and  keep  armed  so 
as  to  be  in  proper  condition  when  called  upon  to  act.    If 


AMENDMENTS    TO    THE    CONSTITUTION.  259 

the  keeping  of  arms  were  forbidden  the  militia  would  be 
useless  in  cases  of  emergency. 

ARTICLE  III, 
Quartering"  Troops. 
No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house,  "Without  the  consent  of  the  owner,  nor  in  time  of  war, 
but  in  a  manner  to  be  prescribed  by  law. 

Quarteringr  Soldiers. — To  quarter  a  soldier  is  to  provide 
him  with  food  and  a  place  to  sleep.  In  times  of  peace  it 
is  the  duty  of  the  government  to  look  after  the  welfare  of 
the  soldiers,  to  supply  them  with  all  the  things  necessary 
to  life.  If,  however,  the  soldiers  are  near  any  house,  and 
the  owner  thereof  gives  permission  to  enter  his  house,  no 
objection  would  likely  be  made. 

In  times  of  war  the  rights  of  the  citizens  cannot  be  too 
closely  guarded.  Congress  prescribes  the  manner  in  which 
the  soldiers  may  be  quartered  in  a  house.  To  save  the 
army  from  starvation,  it  would  be  lawful  for  soldiers  to  take 
anything  from  a  house  without  the  consent  of  the  owner. 
After  the  war,  it  is  likely  that  the  value  of  the  articles 
taken  would  be  paid  to  the  owner  by  the  government. 

This  clause  grew  out  of  the  practice  of  England  in 
colonial  days.  The  troops  of  England,  sent  to  Boston  to 
quiet  the  citizens,  were  quartered  in  the  houses  of  the 
colonists.  This  is  mentioned  in  the  Declaration  of  Inde- 
pendence as  one  of  the  causes  for  separation  from  England. 

ARTICLE  IV. 
Rigrht  of  the  People  to  be  secure  from  Search. 
The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches 
and  seizures,  shall  not  be  violated,  and  no  w^arrants  shall 
issue  but  upon  probable  cause,  supported  by  oath  or  aflBr- 
mation,  and  particularly  describing  the  place  to  be  searched, 
and  the  persons  or  things  to  be  seized. 


260  CIVIL   GOVERNMENT. 

Search-Warrants. — A  search-warrant  is  a  paper  issued 
by  a  court  giving  some  one  authority  to  enter  a  house.  It 
is  a  man's  right  to  do  as  he  wishes  in  his  home  so  long  as 
his  actions  are  lawful  and  do  not  harm  others.  This  being 
true,  he  can  refuse  admittance  to  any  one.  "  A  man's  house 
is  his  castle." 

There  are  some  cases  in  which,  for  the  sake  of  justice,  a 
man's  house  may  be  entered  against  his  consent.  When  a 
man  commits  a  heinous  crime  and  escapes  into  a  house,  or 
when  a  man  steals  goods  and  hides  them  in  a  house,  these 
houses  may  be  entered  and  searched,  but  only  when  a 
search-warrant  is  shown. 

Before  search-warrants  will  be  issued  an  oath  or  affirma- 
tion as  to  the  truth  of  the  statements  must  be  made,  and 
an  accurate  description  of  the  place  which  is  to  be  searched 
and  the  persons  or  things  which  are  to  be  seized  must  be 
given.    The  objects  of  search-warrants  are : 

1.  To  prevent  houses  from  being  searched  indiscriminately  ;  thus 
protecting  the  owners. 

2.  To  secure  justice  by  capturing  criminals  wherever  they  may  go. 

ARTICLE  V. 
Indictment  and  Punishment. 
No  person  shall  be  held  to  answer  for  a  capital  or  otlier- 
•wlse  infamous  crime,  unless  on  a  presentment  or  indictment 
of  a  grand  jury,  except  in  cases  arising  in  the  land  or  naval 
forces,  or  in  the  militia,  w^hen  in  actual  service  in  time  of 
war  or  public  danger ;  nor  shall  any  person  be  subject  for 
the  same  offence  to  be  twice  put  in  jeopardy  of  life  or  limb ; 
nor  shall  be  compelled  in  any  criminal  case  to  be  a  witness 
against  himself,  nor  be  deprived  of  life,  liberty,  or  property, 
without  due  process  of  law ;  nor  shall  private  property  be 
taken  for  public  use  without  just  compensation. 

Trial  for  Crime. — There  are  two  kinds  of  juries, — viz. : 

1.  Grand  jury. 

2.  Petit  or  common  jury. 


AMENDMENTS   TO   THE   CONSTITUTION.  261 

A  common  jury  is  composed  of  twelve  men.  They  de- 
cide whether  an  accused  person  is  guilty  or  innocent. 
Every  one  of  the  twelve  must  agree  before  a  verdict  is 
reached.  The  number  of  men  in  a  grand  jury  varies  in 
»  different  States.  Twenty-three  is  the  usual  number.  A 
grand  jury  acts  only  in  criminal  cases.  A  majority  of  its 
members  is  necessary  to  make  a  decision.  The  chief  busi- 
ness of  the  grand  jury  is  to  examine  the  facts  in  a  criminal 
case  and  judge  whether  the  evidence  is  sufficient  to  war- 
rant the  sending  of  the  case  to  court  for  a  regular  trial. 
The  grand  jury  has  a  foreman.  If  the  majority  decide  that 
the  facts  in  a  certain  case  are  sufficient  to  hold  the  accused, 
the  foreman  writes  over  the  indictment  "  a  true  bill."  If 
they  decide  otherwise,  he  writes  *'  not  a  true  bill."  This 
is  the  only  function  which  a  grand  jury  performs  in  a 
criminal  case.  They  simply  examine  the  facts,  but  do  not 
judge  whether  the  accused  is  innocent  or  guilty.  Many 
trivial  cases  occur  in  which  there  is  not  sufficient  evidence 
to  warrant  the  expense  of  a  trial.  If  it  were  not  for  the 
grand  jury  these  would  be  sent  to  court.  The  grand  jury 
sifts  the  cases,  and  thus  prevents  trivial  cases  from  going 
to  trial,  where  they  would  simply  consume  time  and  be  an 
expense. 

An  indictment  is  a  paper  drawn  by  the  District  Attorney, 
stating  the  crime  for  which  a  person  stands  accused.  When 
a  true  bill  has  been  found  the  case  goes  to  court  for  trial. 
When  a  true  bill  has  not  been  found  the  case  is  generally 
'dropped. 

No  indictment  can  be  made  against  any  of  the  following 
persons  who  have  committed  a  crime : 

1.  A  person  in  the  army. 

2.  A  person  in  the  navy. 

3.  A  person  in  the  militia,  while  in  service. 


262  CIVIL   GOVERNMENT. 

These  persons  would  be  tried  by  a  co art-martial,  and  jus- 
tice would  be  secured  there.  A  person  in  the  militia  in  time 
of  peace  would  be  tried  in  the  regular  way,  as  he  is  a  com- 
mon citizen. 

Trial  Procedure. — A  person  commits  a  crime  and  is 
arrested.  The  facts  of  the  case  are  placed  before  the  grand 
jury  by  the  District  Attorney  or  State  lawyer.  The  grand 
jury  decides  from  the  facts  whether  there  is  sufficient  evi- 
dence to  warrant  a  court  trial.  If  a  true  bill  is  found,  the 
man  is  sent  to  prison  to  await  trial.  When  the  crime  is  not 
a  serious  one,  he  may  be  released  on  bail.  If  he  thinks 
himself  unjustly  imprisoned,  he  may,  through  his  attorney, 
ask  for  a  writ  of  habeas  corpus.  In  regular  order  the  case  is 
called  for  trial  before  a  common  jury.  This  body  of  men 
decides,  after  hearing  all  the  evidence,  whether  he  is  guilty 
or  not  guilty.  If  not  guilty,  he  is  immediately  discharged. 
If  guilty  the  judge  of  the  court  finds  the  law  on  the  subject, 
and  the  convicted  man  is  punished  in  accordance  there- 
with. This  ends  the  case,  unless  it  is  appealed  to  a  higher 
court. 

In  the  trial  of  civil  cases  the  process  is  somewhat  simi- 
lar, but,  as  there  is  no  crime  in  a  civil  case,  no  grand  jury  is 
required  and  no  one  is  sent  to  prison.  The  result  of  a  civil 
case  is  that  one  man  must  pay  another  so  much  money  for 
damages,  if  a  jury  decides  that  such  party  has  been  injured 
by  the  other. 

No  person  can  be  placed  twice  in  danger  of  his  life  for 
the  same  offence.  If  a  man  is  tried  for  treason  and  is  ac- 
quitted, he  cannot  be  tried  for  the  same  offence  a  second 
time.  If  this  were  not  so  there  might  be  many  trials  of  a 
person,  who  has  been  found  not  guilty  several  times,  with 
the  hope  that  he  ultimately  would  be  found  guilty. 


AMENDMENTS   TO   THE   CONSTITUTION.  263 

The  accused  person  in  any  trial  is  not  compelled  to  say 
anything  in  court  which  might  be  used  against  him. 

All  persons  accused  of  a  crime  are  guaranteed  a  regular 
trial  according  to  law.  No  person  can  be  sent  to  prison 
unless  he  has  been  convicted  by  a  jury.  This  insures  pro- 
tection to  all,  and  justice  is  meted  out. 

Seizure  of  Property  by  the  Government. — It  is  some- 
times necessary  to  take  land  from  citizens  to  erect  govern- 
ment buildings  thereon.  When  this  becomes  necessary  the 
government  must  pay  to  the  owner  or  owners  the  value  of 
the  land.  It  would  be  very  unfau*  not  to  pay  such  owners, 
as  they,  in  order  to  possess  it,  had  to  pay  for  it  at  one  time. 

ARTICLE  VI. 
Rights  of  Defendant  in  Criminal  Cases. 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of 
the  State  and  district  ^wherein  the  crime  shall  have  been 
committed,  which  district  shall  have  been  previously  ascer- 
tained by  law,  and  to  be  informed  of  the  nature  and  cause 
of  the  accusation;  to  be  confronted  with  the  witnesses 
against  him ;  to  have  compulsory  process  for  obtaining  -^t- 
nesses  in  his  favor,  and  to  have  the  assistance  of  counsel 
for  his  defence. 

Rights  of  Accused  Persons. — All  trials  must  be  held  in 
a  regular  order.  If  this  were  not  so  the  trial  might  never 
be  held,  and  during  such  time  an  accused  person  would 
be  compelled  to  remain  in  prison  if  he  could  not  secure  bail. 
An  impartial  jury  is  one  which  favors  neither  one  side  nor 
the  other,  but  decides  justly  from  the  facts  presented. 
The  trial  must  be  held  where  the  crime  was  committed,  as 
the  witnesses  to  the  act  generally  reside  there.  The  trial 
must  be  held  openly.  All  the  witnesses  against  the  accused 
must  be  brought  into  court.     If  any  of  the  witnesses  who 


264  CIVIL   GOVERNMENT. 

are  to  testify  in  behalf  of  the  accused  refuse  to  come  into 
court,  they  may  be  compelled  to  do  so,  provided  they  can 
be  located.  Justice  is  still  further  secured  to  an  accused 
person  by  furnishing  him  with  a  lawyer  or  counsel,  if  he 
cannot  pay  for  one  himself,  to  defend  him  against  his 
accusers. 

ARTICLE  VII. 
Trial  in  Civil  Cases. 
In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall 
be  preserved,  and  no  fact  tried  by  a  jury  shall  be  otherwise 
re-examined  in  any  court  of  the  United  States,  than  accord- 
ing to  the  rules  of  the  common  law. 

Common  Law. — A  common  law  is  an  unwritten  one. 
A  law  not  made  by  Congress,  but  established  by  custom 
and  usage.  Sometimes  there  are  cases  which  arise  that  are 
not  violations  of  any  written  law,  but  a  decision  can  be 
reached  from  a  common  law  which  every  one  knows,  and 
which  by  long-continued  use  has  become  established.  No 
President  has  been  elected  for  more  than  two  terms ;  yet 
the  Constitution  says  nothing  against  a  man  serving  in  this 
capacity  for  a  third  term.  This  is  an  example  of  common 
law  established  by  custom.  Washington  was  offered  a  third 
term,  but  refused  to  accept  the  nomination.  He  set  the 
example  of  serving  but  two  terms.  Grant  desired  a  third 
term,  but  did  not  receive  the  nomination. 

Civil  Cases  and  Jury. — If  a  suit,  where  the  value  in 
controversy  exceeds  twenty  dollars  ($20),  arises  under  com- 
mon law,  the  right  of  trial  by  jury  must  be  accorded. 

ARTICLE   VIII. 
Bails,  Fines,  and  Punishments. 
Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 


AMENDMENTS   TO   THE   CONSTITUTION.  265 

Punishments. — Bail  is  a  sum  of  money  or  property  of 
value  given  to  a  court  as  a  security  for  a  person,  who  is 
then  released  from  prison.  When  the  time  for  trial  comes, 
the  accused  is  notified  to  attend ;  if  he  does  not  appear, 
the  bail  is  forfeited.  Where  the  case  is  not  serious,  it  is  not 
necessary  that  the  person  be  placed  in  prison.  Bail  is 
given,  and  the  accused  is  set  at  liberty.  In  serious  cases 
bail  is  not  given,  and  the  accused  must  stay  in  prison  until 
the  trial  is  held. 

A  fine  is  a  sum  of  money  imposed  upon  a  person  for  the 
violation  of  a  law.  Some  offences  are  punished  by  a  fine 
only,  others  by  imprisonment  only  ;  some  are  punished  by 
both  fine  and  imprisonment. 

In  olden  times  persons  were  very  cruelly  punished  for 
crimes.  This,  fortunately,  has  been  outgrown  by  the 
civilization  of  the  people.  It  is  not  likely  that  any  State 
would  inflict  any  punishment  which  is  cruel.  In  Delaware 
offenders  are  whipped  and  compelled  to  stand  in  the  pillory. 
In  Pennsylvania  murderers  are  hanged,  while  in  New  York 
they  are  put  to  death  by  electricity.  None  of  these  is 
thought  to  be  cruel,  and  there  is  no  objection. 

ARTICLE   IX. 
Rigrhts  retained  by  the  People. 

The  enumeration  in  the  Constitution  of  certain  rights 
shall  not  be  construed  to  deny  or  disparage  others  retained 
by  the  people. 

Rights  retained  by  the  People. — This  clause  simply 
means  that  the  rights  specified  in  the  Constitution  shall  not 
be  so  read  as  to  curtail  any  of  the  rights  which  the  citizens 
possess,  and  which  are  not  specially  mentioned  in  the 
Constitution. 


266  CIVIL  GOVERNMENT. 

ARTICLE  X. 
Powers  reserved  to  the  States. 

The  powers  not  delegated  to  the  United  States  by  the  Con- 
stitution, nor  prohibited  by  it  to  the  States,  are  reserved  to 
the  States  respectively,  or  to  the  people. 

^  Powers  of  the  States  and  People. — Under  Article  I.  a 
long  list  of  powers  belonging  to  Congress  were  mentioned. 
In  the  same  article  were  mentioned  some  powers  which 
the  States  could  not  exercise.  If  at  any  time  a  new  power, 
which  is  not  given  to  Congress  and  which  is  not  denied  to 
the  States,  arises,  such  power  can  be  exercised  by  the 
States  through  the  people.  The  interests  of  the  people  are 
here  guarded,  and  preference  is  given  to  them  instead  of  to 
Congress. 

ARTICLE  XI. 
Judicial  Power. 

The  judicial  power  of  the  United  States  shall  not  be 
construed  to  extend  to  any  suit  in  law  or  equity,  com- 
menced or  prosecuted  against  one  of  the  United  States  by 
citizens  of  another  State,  or  by  citizens  or  subjects  of  any 
foreign  State. 

This  clause  is  explained  under  the  Judicial  Department. 
See  page  217.  It  denies  the  right  of  a  citizen  to  sue  a  State 
without  its  consent. 

Note. — Articles  XI.  and  XII.  have  been  inserted  here  merely  to 
give  the  Amendments  in  their  regular  order.  They  are  fully  explained 
on  the  pages  designated. 

ARTICLE  XII. 
Present  Method  of  electing-  the  President  and  Vice-President. 

The  electors  shall  meet  in  their  respective  States,  and 
vote  by  ballot  for  President  and  Vice-President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same 
State  with  themselves ;  they  shall  name  in  their  ballots  the 


AMENDMENTS  TO   THE   CONSTITUTION.  267 

person  voted  for  as  President,  and  in  distinct  ballots  the 
person  voted  for  as  Vice-President;  and  they  shall  make 
distinct  lists  of  all  persons  voted  for  as  President  and  of 
all  persons  voted  for  as  Vice-President,  and  of  the  number 
of  votes  for  each,  which  list  they  shall  sign  and  certify,  and 
transmit  sealed  to  the  seat  of  the  Government  of  the  United 
States,  directed  to  the  President  of  the  Senate.  The  Presi- 
dent of  the  Senate  shall,  in  the  presence  of  the  Senate  and 
House  of  Representatives,  open  all  the  certificates,  and  the 
votes  shall  then  be  counted ;  the  person  having  the  greatest 
number  of  votes  for  President  shall  be  the  President,  if  such 
number  be  a  majority  of  the  -whole  number  of  electors  ap- 
i)ointed ;  and  if  no  person  have  such  majority,  then  from 
the  persons  having  the  highest  numbers,  not  exceeding 
three  on  the  Ust  of  those  voted  for  as  President,  the  House 
of  Representatives  shall  choose  immediately,  by  ballot,  the 
President.  But  in  choosing  the  President,  the  votes  shall 
be  taken  by  States,  the  representation  from  each  State 
having  one  vote ;  a  quorum  for  this  purpose  shall  consist 
of  a  member  or  members  from  two-thirds  of  the  States, 
and  a  majority  of  all  the  States  shall  be  necessary  to  a 
choice.  And  if  the  House  of  Representatives  shall  not 
choose  a  President,  w^henever  the  right  of  choice  shall 
devolve  upon  them,  before  the  fourth  day  of  March  next 
following,  then  the  Vice-President  shall  act  as  President, 
as  in  the  case  of  the  death  or  other  constitutional  disability 
of  the  President.  The  person  having  the  greatest  number 
of  votes  as  Vice-President  shall  be  the  Vice-President,  if 
such  number  be  a  majority  of  the  whole  number  of  electors 
appointed ;  and  if  no  person  have  a  majority,  then  from  the 
two  highest  numbers  on  the  list  the  Senate  shall  choose  the 
Vice-President ;  a  quorum  for  the  purpose  shall  consist  of 
tvro-thirds  of  the  whole  number  of  Senators,  and  a  majority 
of  the  vrhole  number  shall  be  necessary  to  a  choice.  But 
no  person  constitutionally  ineligible  to  the  oflQce  of  Presi- 
dent shall  be  eligible  to  that  of  Vice-President  of  the 
United  States. 

This  clause  is  explained  under  the  Executive  Department. 
See  page  172.  It  contains  the  new  method  of  electing  the 
President  and  Vice-President  of  the  United  States. 


268  CIVIL   GOVERNMENT. 

ARTICLE  XIII. 
Slavery  prohibited. 

1.  Neither  slavery  nor  involuntary  servitude,  except  as  a 
punishment  for  crime,  -whereof  the  party  shall  have  been 
duly  convicted,  shall  exist  vrithin  the  United  States,  or  any 
place  subject  to  their  jurisdiction. 

Power  to  enforce  gfiven  Congress. 

2.  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

Slavery. — The  holding  of  persons  as  property  and  com- 
pelling them  to  work  throughout  their  lives  without  any 
compensation  is  known  as  slavery.  Slaves,  without  their 
consent,  were  bought  and  sold  or  transferred  from  one 
party  to  another.  Slavery  has  been  the  greatest  question  in 
American  history.  It  has  caused  many  bitter  disputes,  and 
at  one  time  almost  destroyed  the  nation,  besides  costing 
many  lives  in  a  great  civil  war. 

HISTORY  OF  THE  SLAVERY  QUESTION  IN  THE 
UNITED    STATES. 

1619.  Slaves  were  introduced  into  Virginia. 

1787.  Ordinance  of  1787,  prohibiting  slavery  in  the  North- 
west Territory. 

1787.  Debates  in  the  Constitutional  Convention  between 
delegates  from  the  North  and  South.  Several  compromises 
on  this  subject  were  the  result. 

1808.  Slave-trade  stopped,  in  compliance  with  Article  I., 
Section  IX.,  Clause  1,  which  says,  "  The  migration  or  impor- 
tation of  such  persons  as  any  of  the  States  now  existing 
shall  think  proper  to  admit,  shall  not  be  prohibited  by  the 
Congress  prior  to  the  year  one  thousand  eight  hundred  and 
eight." 

1820.  The  Missouri  Compromise  was  an  agreement  be- 


AMENDMENTS   TO   THE   CONSTITUTION.  269 

tween  the  North  and  the  South  by  which  slavery  was  to  be 
prohibited  north  of  the  southern  boundary  of  Missouri  and 
west  of  the  Mississippi  River.  The  wording  of  the  Missouri 
Compromise  was  as  follows  : 

"That  in  all  the  territory  ceded  by  France  to  the  United  States 
under  the  name  of  Louisiana,  which  lies  north  of  thirty-six  degrees 
and  thirty  minutes  north  latitude,  not  included  within  the  limits  of 
the  State  contemplated  by  this  act,  slavery  and  involuntary  servitude, 
otherwise  than  in  the  punishment  of  crimes,  whereof  the  parties  shall 
have  been  duly  convicted,  shall  be  and  is  hereby  forever  prohibited  ; 
provided  always,  that  any  person  escaping  into  the  same,  from  whom 
labor  or  service  is  lawfully  claimed,  in  any  State  or  Territory  of  the 
United  States,  such  fugitive  may  be  lawfully  reclaimed  and  conveyed 
to  the  person  claiming  his  or  her  labor  or  service  as  aforesaid." 

1831.  William  Lloyd  Garrison  caused  much  bad  feeling 
by  publishing  a  paper  called  "  The  Liberator,"  in  which  he 
condemned  slavery  and  asked  for  its  abolition.  The  paper 
caused  the  starting  of  abolition  societies,  whose  purpose  it 
was  to  endeavor  to  have  slavery  abolished. 

1845.  The  annexation  of  Texas  caused  a  great  amount 
of  discussion.  The  Northern  people  were  afraid  that  this 
would  increase  the  power  of  the  slave  States  in  Congress, 
as  this  territory  was  south  of  the  line  fixed  by  the  Missouri 
Compromise. 

1846.  The  Wilmot  Proviso,  asking  that  slavery  be  pro- 
hibited in  all  the  land  acquired  from  Mexico,  was  presented 
to  Congress,  but  was  defeated. 

1850.  Compromise  and  Fugitive  Slave  Law.  This  com- 
promise, known  as  the  "  Omnibus  Bill,"  embraced  the  fol- 
lowing : 

1.  The  admission  of  California  into  the  Union  as  a  free  State. 

2.  The  organization  of  New  Mexico  and  Utah  as  Territories  without 
any  provision  in  reference  to  slavery. 


270  CIVIL   GOVERNMENT. 

3.  The  payment  of  $10,000,000  to  Texas  to  relinquish  her  claim 
to  a  part  of  the  territory  of  New  Mexico. 

4.  The  discontinuance  of  the  slave-trade  in  the  District  of  Columbia. 
6.  The  enactment  of  a  stringent  law  for  the  return  of  fugitive  slaves 

to  their  owners. 

1854.  Kansas-Nebraska  Bill.  This  permitted  the  people 
of  these  Territories  to  decide  for  themselves  whether  they 
would  have  slavery  or  not.  This  bill  was  a  virtual  repeal 
of  the  Missouri  Compromise,  as  these  two  Territories  were 
north  of  the  southern  boundary  of  Missouri  and  west  of  the 
Mississippi  River. 

1857.  The  Dred  Scott  decision.  This  gave  a  slave-owner 
the  right  to  take  his  slaves  anywhere  within  the  United 
States  without  losing  his  claim  upon  them. 

1859.  The  raid  upon  Harper's  Ferry  by  John  Brown  and 
his  companions.  Brown  was  an  ardent  anti-slavery  man. 
He,  with  twenty  followers,  made  an  attack  upon  the  arsenal 
at  Harper's  Ferry.  His  intention  was  to  secure  the  arms 
within  the  arsenal  and  arm  the  slaves  in  the  vicinity,  thus 
hoping  to  cause  an  insurrection. 

1860-61.  Secession  of  the  Southern  States.  South  Caro- 
lina, Florida,  Mississippi,  Alabama,  Georgia,  Louisiana, 
Texas,  Virginia,  Arkansas,  North  Carolina,  and  Tennessee 
seceded  from  the  Union. 

1861-65.  Civil  War. 

1863.  The  Emancipation  Proclamation. 

1865.  Thirteenth  Amendment.  This  abolished  slavery 
in  the  United  States  and  gave  to  the  slaves  the  rights  of  free- 
men. 

1868.  Fourteenth  Amendment.  This  gave  the  freedmen 
civil  rights. 

1870.  Fifteenth  Amendment.  This  gave  the  freedmen 
the  right  to  vote. 


AMENDMENTS   TO   THE   CONSTITUTION.  271 

Emancipation  Proclamation. — During  the  Civil  War, 
President  Lincoln,  because  of  his  power  as  commander-in- 
chief  of  the  army  and  navy,  issued  the  Emancipation  Procla- 
mation. By  this  document  all  slaves  held  in  those  States 
where  the  people  were  at  war  with  the  United  States  became 
free.  In  other  States,  where  the  people  were  loyal  or  neu- 
tral, slavery  still  existed,  as  the  President  had  no  power  to 
liberate  them.  The  following  is  an  extract  from  the  Procla- 
mation, issued  January  1, 1863 : 

'  •  Now,  therefore,  I,  Abraham  Lincoln,  President  of  the  United 
States,  by  virtue  of  the  power  in  me  vested  as  Commander-in-Chief 
of  the  Army  and  Navy  of  the  United  States,  .  .  .  and  as  a  fit  and 
necessary  war  measure  for  suppressing  said  rebellion,  ...  do  order 
and  declare  that  all  persons  held  as  slaves  within  said  designated 
States,  and  parts  of  States,  are  and  henceforward  shall  be  free." 

Slavery  legally  abolished. — The  chief  cause  of  the 
Civil  War  was  slavery.  When  the  war  was  ended,  and  the 
power  opposing  slavery  had  conquered,  it  became  necessary 
to  abolish  slavery  entirely.  This  was  done  by  the  Thir- 
teenth Amendment,  which  was  adopted  in  1865.  The 
Emancipation  Proclamation  abolished  slavery  in  a  part  of 
the  Union,  while  the  Thirteenth  Amendment  abolished  it 
throughout  the  Union.  Thus  slavery  existed  in  the  United 
States  from  1619  to  1865. 

Involuntary  Servitude. — There  is  still  "  involuntary  ser- 
vitude" in  the  United  States.  This  phrase  means  to  serve 
against  one's  will.  It  here  relates  to  criminals  and  their 
punishment.  When  a  man  is  found  guilty  of  a  crime  he  is 
sent  to  prison  without  his  consent.  This,  of  course,  is  in- 
voluntary servitude,  and  exists  in  every  State  and  country. 
It  is  absolutely  necessary,  as  there  is  no  other  way  to  pro- 
tect good  citizens  and  to  punish  offenders. 


272  CIVIL   GOVERNMENT. 

ARTICLE  XIV. 
Citizenship  defined. 

1.  All  persons  born  or  naturalized  in  the  United  States, 
and  subject  to  the  jurisdiction  thereof,  are  citizens  of  the 
United  States  and  of  the  State  •wherein  they  reside.  No 
State  shall  make  or  enforce  any  la"W  "which  shall  abridge 
the  privileges  or  immunities  of  citizens  of  the  United 
States;  nor  shall  any  State  deprive  any  person  of  life, 
liberty,  or  property,  without  due  process  of  la-w,  nor  deny 
to  any  person  -within  its  jurisdiction  the  equal  protection 
of  the  laws. 

Citizenship. — Like  treason,  citizenship  is  here  exactly 
defined.  A  citizen  of  the  United  States  is  a  person  either 
born  here  or  naturalized.  A  person  born  in  the  United 
States  is  a  natural-born  citizen,  while  a  person  born  in  a 
foreign  country  of  foreign  parentage,  having  declared  alle- 
giance to  this  government,  is  a  naturalized  citizen.  A  natu- 
ralized citizen  can  hold  any  office  in  the  United  States 
except  those  of  President  and  Vice-President.  A  natural- 
born  citizen  can  hold  any  office.  Men,  women,  and  chil- 
dren may  be  citizens,  but  all  citizens  do  not  have  the  right 
to  vote.  Men,  properly  qualified,  can  vote  in  all  States. 
Women  may  vote  in  some  States.  Children  cannot  vote  in 
any  State.  Children  born  of  American  citizens  in  foreign 
countries  are  American  citizens,  unless  they  choose  the 
citizenship  of  the  country  in  which  they  were  born. 

Slavery  having  been  abolished  by  the  Thirteenth  Amend- 
ment, it  was  necessary  to  further  amend  the  Constitution, 
so  as  to  secure  some  rights  to  the  negroes.  The  Fourteenth 
Amendment  made  the  negro  a  citizen.  It  gave  him  civil 
rights, — that  is,  the  right  to  sue  and  be  sued.  The  States 
were  compelled  by  this  Amendment  to  show  them  as  much 
consideration  as  the  white  citizens. 

All  citizens  in  a  State  must  be  treated  in  the  same  man- 


AMENDMENTS   TO   THE   CONSTITUTION.  273 

ner.  The  blacks  in  the  sight  of  the  law  are  equal  to  the 
whites,  and  different  classes  of  whites  are  equal  to  each 
other.  This  is  only  in  the  eyes  of  the  law,  not  in  private 
life.  Sometimes  a  Legislature  will  make  a  law  favoring  one 
class  at  the  expense  of  another.  The  Legislature  of  Illi- 
nois made  a  law  saying  that  veterans  of  the  Civil  War  be 
given  preference  over  other  citizens  in  civil  service  examina- 
tions. The  matter  was  taken  into  court,  where  the  judge 
decided  the  law  unconstitutional,  because  it  abridged  the 
rights  of  other  citizens  who  did  not  serve  in  the  Civil  War 
and  who  might  be  just  as  worthy. 

No  State  can  take  the  life,  liberty,  or  property  of  any 
person  without  a  regular  trial.  If  it  is  necessary  to  take  a 
person's  property  it  must  be  done  by  consent  of  the  courts. 
No  one  can  be  imprisoned  or  hanged  without  the  court's 
approval.  The  rights  of  the  people,  especially  the  negroes, 
were  thus  made  more  secure.  Courts  are  supported  by  the 
States  and  are  open  to  all.  Any  one  having  a  complaint 
may  go  to  the  court,  state  his  case,  and  obtain  justice. 

Apportionment  of  Representatives. 

2.  Representatives  shall  be  apportioned  among  the  sev- 
eral States  according  to  their  respective  numbers,  count- 
ing the  v7hole  number  of  persons  in  each  State,  excluding 
Indians  not  taxed.  But  when  the  right  to  vote  at  any 
election  for  the  choice  of  electors  for  President  and  Vice- 
President  of  the  United  States,  Representatives  in  Con- 
gress, the  executive  and  judicial  officers  of  a  State,  or  the 
members  of  the  Legislature  thereof,  is  denied  to  any  of 
the  male  inhabitants  of  such  State,  being  twenty-one  years 
of  age,  and  citizens  of  the  United  States,  or  in  any  way 
abridged,  except  for  participation  in  rebellion,  or  other 
crime,  the  basis  of  representation  therein  shall  be  reduced 
in  the  proportion  which  the  number  of  such  male  citizens 
shall  bear  to  the  whole  number  of  male  citizens  twenty-one 
years  of  age  in  such  State. 

18 


274  CIVIL   GOVERNMENT. 

New  Method  of  apportioning  Eepresentatives. — Under 
the  old  system  of  apportioning  Representatives,  only  three- 
fifths  of  the  slaves  were  counted.  By  the  new  method  pro- 
vided in  this  clause,  a  negro  is  counted  in  the  same  manner 
as  a  white  man.  Representatives  are  apportioned  according 
to  population.  In  taking  the  census  now,  every  inhabitant 
of  each  State  is  counted ;  but  in  the  apportionment  of  Rep- 
resentatives, untaxed  Indians  are  not  included  in  the  popu- 
lation of  the  State. 

While  the  Constitution  designates  who  are  citizens  of  the 
United  States,  it  is  left  to  each  State  to  prescribe  the  quali- 
fications which  its  citizens  must  have  to  exercise  the  right 
of  suffrage. 

The  Fourteenth  Amendment  made  citizens  of  former 
slaves.  It  was  feared  that  some  States  would  deny  the 
freedmen  the  right  to  vote.  To  guard  against  this,  it  was 
provided  that  a  State  denying  the  right  of  suffrage  to  citi- 
zens above  twenty-one  years  of  age  should  have  the 
number  of  its  Representatives  in  Congress  reduced. 

It  is  argued  that  inasmuch  as  these  persons  were  counted 
in  apportioning  Representatives,  they  should  not  be  de- 
prived of  the  right  of  suffrage,  and  that  whenever  such 
right  is  withheld  the  number  of  Representatives  should  be 
reduced  proportionately.  The  provisions  of  this  amend- 
ment have  never  been  enforced. 

Persons  disqualified  from  holding"  Oflace. 

3.  No  person  shall  be  a  Senator  or  Representative  in  Con- 
gress, or  elector  of  President  and  Vice-President,  or  hold 
any  oflQce,  civil  or  military,  under  the  United  States,  or 
under  any  State,  "who,  having  previously  taken  an  oath  as  a 
member  of  Congress,  or  as  an  oflQcer  of  the  United  States, 
or  as  a  member  of  any  State  Legislature,  or  as  an  executive 
or  judicial  oflacer  of  any  State,  to  support  the  Constitution 
of  the  United  States,  shall  have  engaged  in  insurrection  or 


AMENDMENTS   TO   THE   CONSTITUTION.  275 

rebellion  against  the  same,  or  given  aid  and  comfort  to  the 
enemies  thereof.  But  Congress  may,  by  a  vote  of  t"wo- 
thirds  of  each  House,  remove  such  disability. 

Disqualification  to  hold  Oflace. — When  the  Civil  War 
began  there  were  many  Southern  men  who  held  office 
under  the  United  States  government.  Before  taking  such 
office  it  was  necessary  for  them  to  take  an  oath  of 
allegiance  to  the  government.  When  the  war  broke  out 
many  of  these  men,  contrary  to  their  oaths  to  support  the 
Constitution  of  the  United  States,  enlisted  in  the  Confederate 
army.  After  the  war  their  cause  was  lost.  Having  broken 
their  oaths,  it  was  thought  right  that  they  should  be  dis- 
qualified from  holding  any  United  States  office  or  State 
office.  Those  Confederates  who  had  not  previously  taken 
an  oath  were  not  included  in  this  provision.  They  were 
eligible  to  office. 

Congress  was  empowered  by  this  clause,  when  two-thirds 
of  that  body  saw  fit,  to  remove  such  disqualification ;  and 
if  this  be  done  such  disqualified  persons  may  hold  office 
again. 

Debts  of  the  United  States  and  Debts  incurred  in  Aid  of 
Rebellion  not  to  be  questioned. 

4.  The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payment 
of  pensions  and  bounties  for  services  in  suppressing  insur- 
rection or  rebellion,  shall  not  be  questioned.  But  neither 
the  United  States  nor  any  State  shall  assume  or  pay  any 
debt  or  obligation  incurred  in  aid  of  insurrection  or  rebel- 
hon  against  the  United  States,  or  any  claim  for  the  loss  or 
emancipation  of  any  slave ;  but  all  such  debts,  obligations, 
and  claims  shall  be  held  illegal  and  void. 

Power  to  enforce  griven  Congress. 

5.  The  Congress  shall  have  power  to  enforce,  by  appro- 
priate legislation,  the  provisions  of  this  article. 


276  CIVIL   GOVERNMENT. 

Validity  of  the  Public  Debt. — Validity  means  legal,  or 
good.  A  pension  is  a  fixed  sum  of  money  given  by  the 
government  to  persons  who  have  been  disabled  in  the  ser- 
vice of  the  country,  especially  during  war.  A  bounty  is 
a  sum  of  money  given  by  the  government  to  a  person  for 
the  performance  of  any  special  act.  The  difference  between 
a  pension  and  a  bounty  is  that  the  former  lasts  during  the 
lifetime  of  the  person,  while  the  latter  is  only  one  payment, 
and  stops  thereafter. 

During  the  Civil  War  vast  sums  of  money  were  spent  for 
the  support  of  the  army  and  navy  and  the  payment  of  pen- 
sions and  bounties.  Some  people  might  think  such  a  debt 
illegal,  and  therefore  protest  its  settlement.  Being  made 
valid  by  this  clause,  the  debt  cannot  be  disputed  as  being 
unlawful,  and  must  be  paid. 

An  insurrection  is  an  uprising  of  people  against  the  acts 
of  a  government.  Rebellion  is  also  an  uprising  against  a 
government.  In  a  rebelHon  there  are  more  people  who  are 
dissatisfied  with  the  government  than  in  an  insurrection. 
A  rebelHon  generally  leads  to  a  war,  while  an  insurrection  is 
easily  put  down,  because  there  are  fewer  people,  and,  as  a 
rule,  these  few  do  not  act  in  harmony.  A  successful  rebel- 
lion is  called  a  revolution. 

Revolutionary  War 1775-1783. 

Shays's  Rebellion 1786,  Massachusetts. 

Whiskey  Insurrection 1794,  Pennsylvania. 

Dorr's  Rebellion 1842,  Rhode  Island. 

Civil  War 1861-1865,  United  States. 

All  persons  who  held  money  or  property  of  the  Con- 
federate States  lost  everything  by  the  result  of  the  war.  No 
suit  could  be  brought  against  the  United  States  or  any  State 
to  make  good  such  loss.  Many  people  of  the  South  were 
thereby  made  very  poor. 


AMENDMENTS   TO   THE   CONSTITUTION.  277 

ARTICLE  XV. 
Right  of  Citizenship  not  to  be  denied  or  abridged. 

1.  The  right  of  citizens  of  the  United  States  to  vote  shall 

not  be  denied  or  abridged  by  the  United  States  or  by  any 

State  on  account  of  race,  color,  or  previous  condition  of 

servitude. 

Power  to  enforce  given  Congress. 

2.  The  Congress  shall  have  power  to  enforce  the  pro- 
visions of  this  article  by  appropriate  legislation. 

Right  to  vote. — This  amendment  simply  increased  the 
rights  of  the  negro :  it  accorded  him  the  right  to  vote. 

The  last  three  amendments  relate  almost  entirely  to 
slavery.  Had  the  war  not  abolished  slavery  these  w^ould 
not  have  been  made  a  part  of  the  Constitution.  The  Thir- 
teenth Amendment  made  the  negro  a  free  man,  the  Four- 
teenth made  him  a  citizen,  and  the  Fifteenth  made  him  a 

voter. 

SUMMARY. 

1.  Changes  are  made  in  a  constitution  to  improve  it  or  to  make  it 
meet  some  new  condition.     Such  changes  are  called  amendments. 

2.  By  the  first  ten  amendments  to  our  Constitution  rights  are 
guaranteed  to  the  people.  These  rights  bear  on :  (a)  Religion  ;  (b) 
Freedom  of  speech  and  press  ;  (c)  Assemblage  and  petition  ;  {d)  Right 
to  bear  arms. 

3.  No  soldier  can  be  quartered  in  any  house  without  the  consent  of 
the  owner.  In  times  of  war  this  may  be  violated  under  certain  con- 
ditions. 

4.  To  enter  a  house  an  officer  of  the  law  must  have  a  warrant. 

5.  The  method  of  conducting  a  trial  is  described  in  detail.  By 
this  method  full  justice  is  accorded  an  accused  person. 

6.  Excessive  bails  and  fines  cannot  be  imposed,  and  cruel  punish- 
ments are  not  to  be  inflicted. 

7.  Slavery  was  entirely  abolished  by  the  Thirteenth  Amendment. 
The  freedmen  were  made  citizens  by  the  Fourteenth  Amendment,  and 
by  the  Fifteenth  Amendment  they  were  made  voters. 

8.  Slavery  being  abolished,  a  new  method  of  apportioning  Repre- 
sentatives was  put  in  force. 


278  CIVIL   GOVERNMENT. 

9.  Persons  engaged  in  the  Rebellion,  and  who  held  office  under  the 
United  States  before  the  war,  were  disqualified  from  holding  office 
afterwards  unless  the  disqualification  was  removed  by  a  two-thirds  vote 
of  each  house. 

10.  The  validity  of  the  debt  incurred  by  the  Civil  War  could  not  be 
questioned.  The  United  States  could  not  be  held  responsible  for  the 
loss  incurred  by  any  Southerner  by  reason  of  the  war. 

QUESTIONS. 

1.  Define  amendment. 

2.  Give  the  number  of  amendments  made,  the  date  of  each,  and 
the  matter  contained  in  each. 

8.  What  is  meant  by  a  Bill  of  Rights?  Mention  one,  and  name  its 
contents. 

4.  In  column  form  enumerate  all  the  rights  contained  in  amend- 
ments one  to  ten. 

5.  Explain  what  is  meant  by  :  (a)  Freedom  of  religion ;  (6)  Free- 
dom of  speech  and  press. 

6.  How  are  persons  made  secure  in  their  own  homes? 

7.  Explain  fully  the  various  steps  in  a  trial  for  crime. 

8.  About  a  grand  jury,  tell :  (a)  What  it  is  ;  (6)  Its  work ;  (c)  Its 
utility. 

9.  Explain  the  various  parts  of  a  civil  case.  ' 

10.  In  what  manner  is  the  punishment  of  crime  restricted  by  the 
Constitution  ? 

11.  Explain  the  connection  between  the  last  three  amendments  and 
slavery. 

12.  Write  a  composition  on  the  History  of  Slavery 

13.  Write  a  composition  on  the  subject  of  slavery,  involving  the 
following  points  :  (a)  Slavery  from  the  Southerner's  point  of  view  ;  (b) 
From  the  Abolitionist's  point  of  view  ;  (c)  By  his  freedom  has  the 
negro  improved  his  position  ?  (d)  Has  his  freedom  made  him  happier  ? 

14.  Explain  sedition  law,  quartering  soldiers,  search-warrant,  in- 
dictment, common  jury,  involuntary  servitude. 

15.  Who  are  citizens  of  the  United  States  ? 

16.  Explain  the  new  method  of  apportionment. 

17.  How  was  the  debt  incurred  by  the  Civil  War  made  valid  ? 


CHAPTER  XV. 

UVES  OF  KESTORIOAL  CHARACTERS. 

Introduction  to  Biographies. — Why  does  one  man  suc- 
ceed in  business  and  another  fail?  It  depends  upon  the 
man.  Management  is  the  main  thing  required.  The  want 
of  it  causes  one  man  to  be  a  failure,  while  the  possession 
of  it  makes  the  other  a  success. 

When  the  Constitution  was  ready  to  go  into  effect,  the 
main  question  about  it  was  not,  Is  it  good  enough  ?  but.  Are 
there  men  of  honesty  and  ability  to  carry  its  provisions  into 
effect?  The  Constitution  might  have  been  the  best  in  the 
world  in  regard  to  its  wording  and  provisions,  yet  if  the 
wrong  men  had  begun  its  workings  it  might  have  lasted 
but  a  short  time. 

The  beginning  of  any  government  is  its  most  critical 
period.  Our  country  was  fortunate,  indeed,  in  having  able 
men.  The  men  whose  task  it  is  to  inaugurate  any  new 
government,  and  who  perform  the  work  successfully,  de- 
serve great  credit  from  their  countrymen.  It  is  right  and 
proper  that  we  should  know  something  of  the  lives  of  the 
men  who  did  so  much  to  make  the  United  States  what  it  is 
to-day.  While  holding  public  office  they  performed  their 
best  work.    The  men  we  are  to  study  have  been : 

1.  Members  of  Congress  or  Conventions. 

2.  Presidents  of  the  United  States. 

3.  Judges  of  the  Supreme  Court. 

279 


280 


CIVIL   GOVERNMENT. 


Members  of  Congress 
or  Conventions  .  .   . 


Presidents 


Judges, 


Samuel  Adams. 
Alexander  Hamilton. 
John  Hancock, 
Patrick  Henry. 
Kichard  Henry  Lee. 
Kobert  Morris. 
Edmund  Kandolph. 
Benjamin  Franklin. 
Gouverneur  Morris. 
John  Dickinson. 
Henry  Clay, 
Daniel  Webster. 
John  C.  Calhoun. 
Charies  Sumner, 
Stephen  A.  Douglas. 

George  Washington. 
John  Adams, 
Thomas  Jefferson. 
James  Madison. 
James  Monroe, 
Andrew  Jackson, 
Abraham  Lincoln. 

{John  Jay. 
John  Marshall, 
Koger  B.  Taney. 


SAMUEL  ADAMS. 

"If  taxes  are  laid  upon  us  in  any  shape,  without  our  having  a 
legal  representation  where  they  are  laid,  we  are  reduced  from  the 
character  of  subjects  to  the  miserable  state  of  tributary  slaves." 

Samuel  Adams  was  born  in  Boston,  September  27,  1722. 
Educated  at  Harvard  College.  He  displayed  on  all  occa- 
sions an  unflinching  zeal  for  popular  rights,  and  in  1765 
was  elected  a  member  of  the  Legislature  by  the  patriotic 
party.  As  a  delegate  to  the  Second  Continental  Congress, 
he  was  present  at  the  time  of  the  adoption  of  the  Declara- 
tion of  Independence,  and  signed  it.     He  framed  the  Con- 


LIVES   OF   HISTORICAL   CHARACTERS.  281 

stitution  of  Massachusetts,  and  was  president  of  its  Senate. 
The  offices  of  Governor  and  Lieutenant-Governor  were  held 
by  him.     Died  in  Boston,  1802. 

ALEXANDKR  HAMILTON. 

"The  native  brilliancy  of  the  diamond  needs  not  the  polish  of  art ; 
the  conspicuous  features  of  pre-eminent  merit  need  not  the  coloring 
pencil  of  imagination  nor  the  florid  declarations  of  rhetoric." 

Alexander  Hamilton  was  born  in  the  West  Indies, 
January  11, 1757.  He  was  sent  to  New  York,  and  received 
his  education  at  Columbia  College.  While  still  a  student 
he  wrote  a  series  of  papers  in  defence  of  the  rights  of 
the  Colonies.  These  won  for  him  much  notice.  On  the 
outbreak  of  the  war  he  obtained  a  commission  as  captain 
of  artillery.  He  soon  gained  the  confidence  of  Washington, 
who  made  him  his  aide-de-camp.  He  afterwards  resigned 
this  position,  but  continued  with  the  army,  and  distinguished 
himself  at  Yorktown.  In  1782  he  was  sent  to  Congress  by 
New  York.  In  1786  he  took  a  leading  part  in  the  Trade 
Convention  at  Annapolis.  He  was  one  of  the  delegates  to 
the  Constitutional  Convention  in  1787,  but  his  best  work 
for  the  Constitution  was  done  after  the  Convention.  In 
connection  with  Madison  and  Jay,  he  conceived  and  started 
the  famous  series  of  essays  constituting  "  The  Federalist," 
which  first  appeared  in  a  New  York  journal  known  as  the 
Independent  Gazetteer.  Fifty-nine  out  of  the  eighty-five 
were  the  work  of  Hamilton.  They  cannot  receive  suf- 
ficient praise  for  their  clearness  and  simplicity. 

On  the  establishment  of  the  new  government  in  1789 
Hamilton  was  made  Secretary  of  the  Treasury.  The  dis- 
order of  the  public  credit  rendered  this  office  very  difficult. 
In  order  to  establish  public  credit  he  carried  in  the  face  of 
much  opposition  a  measure  for  the  funding  of  the  domestic 


282  CIVIL  GOVERNMENT. 

debt.  He  also  founded  the  national  bank,  rearranged  the 
system  of  duties,  and  altogether  proved  himself  the  pos- 
sessor of  great  genius  as  a  financier. 

In  1795  he  resigned  his  office,  and  practised  law  in  New 
York,  where  he  was  constantly  consulted  by  Washington 
and  his  cabinet.  He  was  the  actual  leader  of  the  Federal 
party  till  his  death  in  1804. 

JOHN  HANCOCK. 

"We  must  be  unanimous;  there  must  be  no  pulling  different 
ways  ;  we  must  hang  together." 

John  Hancock  was  born  in  Massachusetts  in  1737.  Edu- 
cated at  Harvard  College.  He  was  president  of  the  Massa- 
chusetts Assembly  in  1775.  Being  president  of  the  Second 
Continental  Congress,  he  was  the  first  to  sign  the  Declara- 
tion of  Independence.  He  afterwards  became  Governor  of 
his  native  State.  The  cause  of  liberty  was  much  aided  by 
him.    Died  in  1793. 

PATRICK  HENRY. 
"We  are  apt  to  shut  our  eyes  against  a  painful  truth." 

Patrick  Henry  was  born  in  Virginia,  May  29,  1736.  At 
an  early  age  he  entered  business,  but  having  failed  he 
became  a  lawyer.  Three  years  later,  having  been  employed 
to  plead  the  cause  of  the  people  against  an  unpopular  tax, 
his  great  eloquence  seemed  suddenly  to  develop  itself. 
This  placed  him  in  the  front  rank  of  American  orators. 

Throughout  the  Revolutionary  War  he  was  a  zealous 
patriot.  He  was  a  delegate  to  the  First  Continental  Con- 
gress, 1774,  and  delivered  the  first  speech  in  that  assembly. 
He  was  five  times  Governor  of  Virginia.  In  1795  he  de- 
clined the  Secretaryship  of  State,  offered  to  him  by  Wash- 


LIVES   OF   HISTORICAL   CHARACTERS.  283 

Ington.  In  1796  he  retired  to  private  life,  but  practised  law. 
He  died  June  6,  1799.  Although  he  was  a  wise  man,  it  is 
chiefly  as  an  orator  that  his  memory  lives. 

EIOHARD  HENRY  LBB. 

*  •  Resolved,  That  these  United  Colonies  are,  and  of  right  ought  to 
be,  Free  and  Independent  States.'* 

Richard  Henry  Lee  was  born  in  Virginia,  1732.  He 
was  educated  in  England.  He  assisted  Patrick  Henry  in 
his  opposition  to  the  Stamp  Act,  and  was  a  member  of  the 
First  and  Second  Continental  Congresses,  in  the  latter  of 
which  he  moved  "  that  these  United  Colonies  are,  and  of 
right  ought  to  be,  Free  and  Independent  States,  and  that 
all  political  connection  between  them  and  the  State  of  Great 
Britain  is,  and  ought  to  be,  totally  dissolved."  This  was 
added  to  the  Declaration  of  Independence.  Lee  was  not 
a  member  of  the  committee  to  draft  the  Declaration,  as  he 
was  called  away  from  Congress  at  the  time. 

He  was  a  signer  of  the  Declaration  of  Independence, 
president  of  Congress  in  1784,  and  Senator  from  Virginia 
after  the  Constitution  was  adopted.    He  died  in  1794. 

ROBERT  MORRIS. 

"No  offers  must  tempt  us ;  they  ought  not  to  have  a  hearing  of 
one  moment,  unless  preceded  by  acknowledgment  of  our  indepen- 
dence, because  we  can  never  be  happy  under  English  domination." 

Robert  Morris  was  bom  in  England  in  1733.  At 
the  age  of  eleven  he  came  to  Philadelphia  and  acted  as 
clerk  in  a  store,  afterwards  becoming  one  of  the  first  mer- 
chants of  the  city,  and  acquiring  a  fortune.  Several  times 
Washington  was  supplied  with  money  by  him,  thus  pre- 
venting the  disbanding  of  the  army.    He  was  a  member  of 


284  CIVIL  GOVERNMENT. 

the  Second  Continental  Congress  and  a  signer  of  the  Decla- 
ration of  Independence. 

Through  his  efforts  a  national  bank  was  established  at 
Philadelphia  in  1781.  Morris  was  its  superintendent,  and 
large  sums  were  deposited  in  it  by  Congress.  He  was  a 
member  of  the  Constitutional  Convention  of  1787.  The 
position  of  Secretary  of  the  Treasury  was  offered  to  him 
by  Washington,  but  he  declined  the  office,  and  Hamilton 
was  appointed.    Died  in  poverty,  1806. 

EDMUND  RANDOLPH. 

"Liberty,  tried  in  the  school  of  adversity,  had  made  successive 
displays  of  uncontrollable  energy,  had  risen  above  the  storm,  and 
now  assumed  her  station  in  the  midst  of  tranquillity  and  peace." 

Edmund  Randolph  was  born  in  Virginia,  August  10, 1753. 
Studied  at  William  and  Mary  College,  and  was  admitted  to 
the  bar.  In  1776  he  helped  to  frame  the  constitution  of 
Virginia,  and  became  the  Attorney-General  of  the  State. 
From  1786  to  1788  he  was  Governor  of  Virginia,  and  in  1787 
he  was  a  member  of  the  convention  which  framed  the  Con- 
stitution. Washington  appointed  him  Attorney-General  in 
1789  and  Secretary  of  State  in  1794.    He  died  in  1813. 


BENJAMIN  FRANKLIN. 

"I  have  lived  a  long  time,  and  the  longer  I  live  the  more  con- 
vincing proofs  I  see  of  this  truth,  that  God  governs  in  the  affairs  of 
men.  And  if  a  sparrow  cannot  fall  without  His  notice,  is  it  probable 
that  an  empire  can  rise  without  His  aid  ?' ' 

Benjamin  Franklin  was  bom  in  Boston,  January  17, 1706. 
He  had  little  education,  and  at  the  age  of  twelve  was  ap- 
prenticed to  his  brother  to  learn  the  trade  of  printer.    He 


LIVES   OF   HISTORICAL   CHARACTERS.  285 

afterwards  left  Boston  and  came  to  Philadelphia.  Here  he 
opened  a  printing-office,  and  in  1729  published  The  Penn- 
sylvania Gazette.  In  1732  Franklin  commenced  the  publi- 
cation of  *'  Poor  Richard's  Almanac,"  which  contained  many- 
wise  sayings  and  proverbs.  In  1737  he  was  postmaster  of 
Philadelphia,  and  shortly  afterwards  was  elected  member 
of  the  Assembly. 

At  a  convention  held  at  Albany  in  1754  Franklin  pro- 
posed a  plan  of  union  of  all  the  Colonies.  This  plan,  al- 
though adopted  by  the  convention,  did  not  go  into  effect, 
as  the  King  of  England  and  the  people  of  the  Colonies  op- 
posed it. 

In  1764  he  was  sent  to  England  to  contest  the  preten- 
sions of  Parliament  to  tax  the  Colonies  without  represen- 
tation. He  returned  to  take  part  in  the  Declaration  of 
Independence.  To  secure  foreign  assistance,  he  was  sent 
to  Paris,  1776.  The  result  was  a  treaty  with  France,  signed 
February  6,  1778.  He  continued  as  minister  till  1785. 
He  was  a  delegate  to  the  Constitutional  Convention. 

He  founded  the  Philadelphia  Library,  University  of 
Pennsylvania,  American  Philosophical  Society,  and  the 
Pennsylvania  Hospital,  and  was  the  inventor  of  a  fireplace 
and  the  lightning-rod.    Died  in  1790. 

GOUVBRNEUR  MORRIS. 

'*  Honesty  and  good  sense  have  little  to  fear  from  the  snares  of 
the  cunning." 

GouvERNEUR  MoRRis  was  bom  in  New  York,  January  31, 
1752.  Graduated  from  Columbia  College  in  1786,  and  was 
admitted  to  the  bar.  He  early  showed  a  talent  for  finance, 
and  took  an  active  part  in  the  political  affairs  of  the  Revo- 
lutionary period.    In  1787  he  was  a  member  of  the  Con- 


286  CIVIL   GOVERNMENT. 

stitutional  Convention.  He  was  minister  to  France  under 
Washington,  and  United  States  Senator  from  New  York, 
1800-1803.     Died  in  1816. 


JOHN  DICKINSON. 
"  By  uniting  we  stand,  by  dividing  we  fall.'* 

John  Dickinson  was  born  in  Maryland  in  1732.  He 
studied  law,  and  afterwards  moved  to  Philadelphia.  As 
a  member  of  the  Pennsylvania  Assembly,  the  Stamp  Act 
Congress,  and  the  Second  Continental  Congress,  he  took 
an  active  part  in  the  early  affairs  of  the  government,  being 
the  author  of  the  resolutions  passed  by  the  Stamp  Act 
Congress  protesting  against  the  action  of  England,  and  of 
the  Articles  of  Confederation  passed  by  Congress  in  1777. 
He  was  president  of  the  Trade  Convention,  which  met  at 
Annapolis  in  1786.  He  was  a  member  of  the  Constitutional 
Convention,  and  in  1788  published  several  letters  advo- 
cating the  adoption  of  the  Constitution.    Died  in  1808. 

HENRY  CLAY. 
'  *  Sir,  I  would  rather  be  right  than  be  President. ' ' 

Henry  Clay  was  bom  in  Virginia,  April  12,  1777.  He 
studied  law,  and  was  elected  to  the  Legislature  of  Virginia 
in  1804.  In  1806  he  was  elected  to  serve  an  unexpired 
term  in  the  United  States  Senate  ;  in  1809  he  was  re-elected. 
In  1811  he  was  sent  to  the  United  States  House  of  Repre- 
sentatives, where  he  was  immediately  chosen  Speaker.  A 
strong  advocate  of  nationality,  he  denounced  the  claim  put 
forth  by  England  as  to  the  right  of  search.  He  was  a  stren- 
uous supporter  of  the  war  with  that  country,  and,  in  con- 
sequence, was  sent,  in  1814,  as  one  of  the  commissioners 


LIVES   OF   HISTORICAL   CHARACTERS.  287 

to  sign  the  treaty  of  peace  at  Ghent,  where  his  acuteness 
secured  some  advantages  for  America.  Clay,  however,  is 
best  known  as  the  author  of  the  famous  Missouri  Com- 
promise, restricting  slavery  to  the  States  south  of  36°  30' 
north  latitude;  also  for  the  Compromise  of  1850,  known 
as  Clay's  "  Omnibus  Bill,"  and  for  his  defence  of  the  Amer- 
ican system  of  protection  to  native  industry  against  the  free- 
trade  principles  of  Southern  politicians. 

He  was  by  far  too  fertile  in  compromises  to  be  the  author 
of  any  measure  conferring  lasting  benefit  on  his  country. 
He  was  very  popular  during  his  lifetime,  and  was  two  or 
three  times  proposed  for  the  Presidency,  an  honor,  how- 
ever, which  he  never  succeeded  in  obtaining.    Died  in  1852. 

DANIEL  "WEBSTER. 

"In  all  governments  truly  republican,  men  are  nothing — principle 
is  everything." 

Daniel  Webster  was  born  in  New  Hampshire,  January 
18,  1782.  He  studied  law  and  was  admitted  to  the  bar  in 
1805.  With  the  New  England  Federalists,  he  opposed  the 
second  war  with  England.  Sent  to  Congress  in  1813  he 
served  two  terms,  maintaining  an  honorable  position  in  an 
unpopular  party. 

Returning  to  Congress  in  1823  as  a  Representative  from 
Massachusetts  Webster  found  few  rivals.  After  rendering 
important  services  in  the  House,  he  was,  in  1827,  trans- 
ferred to  the  Senate,  the  scene  of  his  greatest  triumphs. 
In  the  early  part  of  his  Congressional  career  he  had  favored 
free-trade  and  opposed  the  policy  of  protection.  But  in 
1828  he  gave  his  consent  to  Clay's  "American  System." 

The  principle  of  nationality,  the  dominant  passion  of  his 
mind,  was  fully  manifested  in  his  prompt  and  thrilling  reply 


288  CIVIL   GOVERNMENT. 

to  Senator  R.  Y.  Hayne,  of  South  Carolina,  who  had,  in 
1830,  attacked  New  England  as  opposing  the  growth  of  the 
Union. 

In  1840  Webster  was  made  Secretary  of  State  under 
Harrison.  Harrison  died  in  a  month,  and  his  successor, 
Tyler,  changed  the  policy  of  the  administration.  Four  of 
the  Secretaries  resigned,  and  Webster  was  criticised  by  his 
own  party  for  remaining.  His  persistence  was  justified  by 
the  successful  negotiation  of  the  Ashburton  Treaty  with 
Great  Britain.     When  this  was  settled  he  resigned. 

In  1844  Webster  refused  his  party's  nomination  for  Presi- 
dent and  supported  Clay,  who  was  defeated  by  Polk.  In 
1845  he  was  returned  to  the  Senate.  He  assisted  in  avert- 
mg  a  threatened  war  with  England  over  the  northwest 
boundary,  which  was  finally  fixed  on  the  forty-ninth  par- 
allel, as  suggested  by  him.  The  leading  part  of  Polk's 
administration  was  the  war  with  Mexico,  which  Webster 
opposed,  as  he  did  any  acquisition  by  conquest. 

He  wrote  that  he  detested  slavery  but  was  unwilling  to 
break  up  the  Union  to  abolish  it.  He  was  made  Secretary 
of  State  by  Fillmore  in  1850.  Webster  was  deeply  disap- 
pointed at  not  receiving  the  Whig  nomination  for  the  Presi- 
dency in  1852.  His  health  and  spirits  gave  way,  and  he 
retired  to  Massachusetts,  where  he  died,  1852. 

JOHN  O.  CALHOUN. 

* '  Just  as  people  rise  in  the  scale  of  intelligence,  virtue,  and  patriot- 
ism, and  the  more  perfectly  they  become  acquainted  with  the  nature 
of  government,  the  ends  for  which  it  was  ordered,  and  how  it  ought  to 
be  administered,  the  power  necessary  for  government  becomes  less 
and  less,  and  individual  liberty  greater  and  greater." 

John  C.  Calhoun  was  bom  in  South  Carolina,  March 
18, 1782.     Having  graduated  from  Yale  College  and  gained 


LIVES   OF   HISTORICAL   CHARACTERS.  289 

distinction  at  the  bar,  he  was  sent  to  Congress  in  1811, 
where  he  soon  became  the  leader  of  the  war  party  gainst 
England.  He  was  the  author  of  the  tariff  law  of  1816,  and 
was  made  Secretary  of  War  in  1817. 

The  early  part  of  Calhoun's  career  was  marked  by  broad 
and  patriotic  views,  to  which  his  subsequent  preferment  of 
Southern  interests  presents  an  unfavorable  contrast.  The 
tariff  of  1828  not  being  favorable  to  the  Southern  States,  he 
still  adhered  to  the  government,  hoping  that  Jackson  would 
veto  the  measure.  In  this  he  was  disappointed,  so  he 
went  to  South  Carolina,  and  there  in  1829  carried  in  the 
Legislature  the  notorious  resolution,  "  That  any  State  in  the 
Union  might  annul  an  act  of  the  federal  government."  To 
this  Georgia,  Virginia,  and  Alabama  acquiesced,  and  threat- 
ened a  dissolution  of  the  Union.  President  Jackson  promptly 
used  energetic  measures,  and  the  resolution  had  no  effect. 

Calhoun  lost  popularity,  and  despairing  of  reaching  the 
Presidency  he  resigned  as  Vice-President,  but  was  after- 
wards elected  to  the  Senate.  In  1838  he  delivered  his 
famous  speech  on  slavery,  and  continued  to  agitate  on  be- 
half of  the  slave-holding  interests  and  for  the  dissolution  of 
the  Union  till  his  death  in  1850.  In  his  private  career  he 
was  blameless,  but  in  his  career  as  a  statesman  he  stood  for 
a  principle  which  was  one  of  the  causes  of  the  Civil  War. 

CHARLES  SUMNER. 

' '  Whatever  may  be  the  temporary  applause  of  men,  or  the  expres- 
sions of  public  opinion,  it  may  be  asserted  without  fear  of  contradic- 
tion that  no  true  and  permanent  fame  can  be  founded  except  in 
labors  which  promote  the  happiness  of  mankind." 

Charles  Sumner  was  born  in  Boston,  1811,  and  educated 
at  Harvard  College,  where  he  graduated  in  1830.  He  studied 
law  and  was  admitted  to  the  bar,  but  did  not  practise,  find- 

19 


290  CIVIL   GOVERNMENT. 

ing  more  congenial  employment  as  a  lecturer  on  legal  topics 
and  as  a  contributor  to  law  journals.  In  private  life  he  was 
greatly  esteemed  for  his  sincerity  and  earnestness,  his  gen- 
eral cultivation,  his  stainless  character,  and  his  cheerful  and 
kindly  demeanor. 

He  came  into  prominence  by  a  civic  oration  on  July  4, 
1845,  under  the  title  of  "The  True  Grandeur  of  Nations," 
a  denunciation  of  war  as  inconsistent  with  greatness.  Sum- 
ner agreed  with  the  Abolitionists  in  asserting  the  inherent 
and  total  sinfulness  of  slavery  ;  but,  unlike  them,  he  main- 
tained that  the  Constitution  did  not  recognize  property  in 
man,  and  that  slavery,  a  purely  sectional  institution,  could 
be  so  crippled  by  legislation  that  it  would  necessarily  become 
extinct. 

In  1848  he  joined  with  others  holding  similar  views  in 
the  formation  of  the  Free-Soil  party.  In  1851  he  was 
elected  to  the  Senate  as  the  successor  of  Webster.  The 
post  thus  gained  he  continued  to  hold  during  the  remainder 
of  his  life,  being  re-elected  in  1857,  1863,  and  1869. 

He  was  urgent  for  the  emancipation  of  the  slaves,  and 
not  less  strenuous,  after  this  had  been  secured,  in  obtaining 
for  the  colored  race  the  fullest  civil  and  political  equality. 
He  died  in  1874. 

STEPHEN  A.  DOUGLAS. 

**  You  cannot  fix  bounds  to  the  onward  march  of  this  great  and 
growing  country.  You  cannot  fetter  the  limbs  of  the  young  giant. 
He  will  burst  all  your  chains.  He  will  expand  and  grow,  and  in- 
crease and  extend  civilization,  Christianity,  and  liberal  principles." 

Stephen  A.  Douglas  was  born  in  Vermont,  1813.  In 
1834  he  began  the  practice  of  law  in  Illinois.  He  was 
elected  Attorney-General  of  this  State  in  the  same  year, 
member  of  the  Legislature  in  1835,  Secretary  of  State  in 


LIVES   OF   HISTORICAL   CHARACTERS.  291 

1840,  and  judge  of  the  State  Supreme  Court  in  1841.  He 
was  also  United  States  Representative  and  Senator. 

On  the  question  of  slavery,  he  maintained  that  the  people 
of  each  Territory  should  decide  whether  it  should  be  a  free 
or  a  slave  State.  This  was  known  as  the  "  Doctrine  of 
Squatter  Sovereignty." 

In  1860  he  received  the  regular  Democratic  nomination 
for  President,  the  seceding  delegates  nominating  Breckin- 
ridge. He  supported  Lincoln  during  the  war.  He  died 
in  1861. 

GEORGE  WASHINGTON. 

* '  Labor  to  keep  alive  in  your  breast  that  little  spark  of  celestial 
fire  called  conscience." 

George  Washington  was  born  in  Virginia,  February 
22,  1732.  Nothing  is  known  of  Washington's  childhood, 
notwithstanding  the  many  stories  which  have  gathered 
about  his  name.  He  seems  to  have  been  a  good,  healthy 
boy,  of  strong  physique,  with  a  sober-mindedness  beyond 
his  years.  In  1747  he  went  to  Mount  Vernon,  the  residence 
of  his  half-brother  Lawrence.  The  removal  was  a  good 
thing  for  the  boy,  as  it  gave  him  access  to  books  and  to 
better  teachers.  In  1748,  when  he  was  sixteen  years  of 
age,  Lord  Fairfax  employed  him  to  survey  his  property  in 
the  valley  of  Virginia. 

The  French,  about  1752,  were  connecting  their  settle- 
ments on  the  Great  Lakes  with  those  on  the  Mississippi  by 
a  chain  of  posts  on  the  Ohio.  This  region  was  supposed  to 
be  English  territory.  Governor  Dinwiddie,  of  Virginia,  de- 
termined to  warn  them  off.  Washington  was  sent  on  this 
errand,  but  the  result  was  ineffective.  He  was  next  sent  in 
command  of  an  expedition,  but  was  compelled  to  surrender. 
He  was  a  member  of  Braddock's  staff  when  the  latter  was' 


292  CIVIL   GOVERNMENT. 

sent  against  the  French.  Though  he  gave  good  advice, 
which  v^as  disregarded,  he  had  the  satisfaction  of  saving 
the  remnants  of  Braddock's  army. 

Washington  represented  Virginia  in  the  First  and  Second 
Continental  Congresses,  in  which  he  took  a  leading  part. 
He  was  appointed  commander-in-chief  of  the  Continental 
army.  At  first  he  did  not  understand  the  men,  nor  they 
him,  but  before  long  he  brought  order  out  of  confusion,  and 
at  the  same  time  won  the  love  and  respect  of  his  men. 
He  brought  the  war  to  a  successful  issue. 

Washington  retired  to  Mount  Vernon,  and  turned  his  at- 
tention to  securing  a  stronger  government  by  constitutional 
means.  Society  seemed  almost  falling  to  pieces.  By  1787 
matters  had  reached  such  a  crisis  that  even  Congress  saw 
the  necessity  for  action.  A  convention  of  delegates  from 
twelve  States  met  at  Philadelphia  and  formulated  the  present 
Constitution.  Over  the  deliberations  of  this  convention 
Washington  presided.  The  government  under  this  Con- 
stitution began  in  1789,  with  Washington  as  the  first  Presi- 
dent. 

To  his  new  office  he  brought  the  same  qualities  which 
had  contributed  so  much  to  the  success  of  the  Revolution, 
the  same  honesty  of  purpose  and  dignity  of  character.  Of 
all  the  many  striking  things  in  Washington's  life  and  work, 
his  Americanism  stands  forth.  He  thought  that  America 
should  stand  aloof  from  the  conflicts  of  Europe,  and  in- 
augurated a  policy  of  neutrality  which  has  remained  the 
policy  of  the  country  from  his  time  to  ours. 

Washington's  education  was  meagre,  and  he  began  his  life- 
work  at  the  age  when  most  boys  are  entering  upon  a  college 
career.  This  deficiency  in  his  training  was  more  patent  to 
him,  perhaps,  than  to  any  other  person.  To  the  very  last 
he  was  engaged  in  remedying  this  defect,  and  died  a  fairly 


LIVES   OF    HISTORICAL   CHARACTERS.  293 

well-read  man  in  history  and  politics.  He  knew  no  language 
except  his  own,  but  he  was  familiar  with  the  masterpieces  of 
the  English  tongue. 

JOHN  ADAMS. 

*  *  Your  conscience  is  the  minister  plenipotentiary  of  God  Almighty 
placed  in  your  breast :  see  to  it  that  this  minister  never  negotiates  in 
vain." 

John  Adams  was  born  in  Massachusetts,  October  19, 1735. 
He  was  educated  at  Harvard  College,  studied  law,  and  was 
admitted  to  the  bar  in  1758.  In  1768  he  moved  to  Boston. 
Important  questions  touching  the  rights  and  duties  of  the 
Colonies  were  freely  debated  at  this  time,  and  Adams  is 
credited  with  having  struck  the  key-note  of  the  Revolution 
by  protesting  before  the  Governor  and  Council  in  1765 
against  the  enforcement  of  the  Stamp  Act  and  against  the 
right  of  England  to  tax  the  Colonies  without  their  consent. 

He  was  a  member  of  the  First  Continental  Congress, 
which  met  in  Philadelphia,  1774.  He  proposed  and  secured 
the  election  of  Washington  as  commander-in-chief  of  the 
Continental  army.  On  June  7,  1776,  he  seconded  the  mo- 
tion of  Richard  Henry  Lee,  of  Virginia,  "  That  these  United 
Colonies  are,  and  of  right  ought  to  be.  Free  and  Independent 
States."  He  was  one  of  the  commissioners  to  arrange  the 
treaty  with  England,  which  was  finally  signed  on  September 
3,  1783.  He  was  elected  Vice-President  in  1788  and  again 
in  1792.  In  1796  he  succeeded  Washington  as  President. 
His  administration  was  very  unpopular.  This  was  caused 
by  his  advocacy  of  the  alien  and  sedition  laws.  The  former 
provided  for  the  expulsion  of  a  foreigner  from  the  country 
without  a  regular  trial,  while  the  latter  provided  punishment 
for  those  who  wrote  or  spoke  anything  malicious  about  the 
government.  Failing  of  re-election,  he  retired  to  private 
life,  where  he  died  in  comparative  obscurity,  July  4,  1826. 


294  CIVIL   GOVERNMENT. 


THOMAS  JKPFERSON. 

"We  hold  these  truths  to  be  self-evident,  that  all  men  are  created 
equal ;  that  they  are  endowed  by  their  Creator  with  certain  unalien- 
able rights  ;  that  among  these  are  life,  liberty,  and  the  pursuit  of 
happiness." 

Thomas  Jefferson  was  born  in  Virginia,  April  13,  1743. 
He  entered  William  and  Mary  College  at  the  age  of  seven- 
teen, and  remained  there  two  years.  In  1767  he  was  ad- 
mitted to  the  bar  and  practised  with  success.  In  1769  he 
was  a  member  of  the  House  of  Burgesses,  and  here  his 
first  important  effort  was  the  support  of  a  motion  for  the 
emancipation  of  slaves. 

Jefferson  was  a  member  of  the  Second  Continental  Con- 
gress, which  met  at  Philadelphia  in  June,  1775.  On  June  7 
Richard  Henry  Lee  moved  that  the  independence  of  the 
Colonies  be  declared.  Congress  fixed  July  1  for  the  con- 
sideration of  the  motion,  and  meanwhile  appointed  a  com- 
mittee of  five  to  prepare  a  suitable  declaration  on  which  to 
act.  Jefferson  was  chairman,  and  the  others  were  Benjamin 
Franklin,  John  Adams,  Roger  Sherman,  and  Robert  R.  Liv- 
ingston. By  request  of  his  colleagues,  Jefferson  wrote  the 
draft  of  the  declaration,  which  was  submitted  to  the  House 
on  June  28.  Lee's  resolution  was  passed  July  2,  and  the 
formal  declaration,  essentially  as  submitted,  was  adopted 
July  4,  1776. 

Among  the  reforms  largely  due  to  him  were  laws  abolish- 
ing primogeniture  and  establishing  the  freedom  of  religious 
opinion. 

He  succeeded  Patrick  Henry  as  Governor  of  Virginia, 
1779  to  1781.  In  1783  he  was  elected  to  Congress,  then 
sitting  at  Annapolis,  where  he  secured  the  adoption  of  the 
decimal  system  of  coinage.     In  1795  he  became  Secretary 


LIVES   OF   HISTORICAL   CHARACTERS.  295 

of  State.  From  the  origin  of  the  RepubHcan  party  Jeffer- 
son was  its  leader.  He  was  President  from  1801  to  1809. 
He  died  July  4,  1826. 

JAMES  MADISON. 
"  No  government,  any  more  than  an  individual,  will  long  be  re- 
spected without  being  truly  respectable." 

James  Madison  was  born  in  Virginia,  March  16, 1751.  He 
graduated  from  Princeton  in  1772,  and  studied  law.  In 
1776  he  was  a  member  of  the  Virginia  Convention,  and  took 
a  useful  part  in  drawing  up  the  State  constitution.  In  1780 
he  was  elected  to  the  Continental  Congress,  and  in  1784  to 
the  Legislature  of  Virginia,  in  which  he  was  instrumental  in 
securing  recognition  of  the  right  of  religious  liberty. 

Madison  was  active  in  bringing  about  the  Convention  of 
1787,  which  framed  the  federal  Constitution.  There  he 
acted  with  Hamilton  and  Jay,  and  with  them  wrote  *'  The 
Federalist."  He  was  the  chief  author  of  the  Virginia  Plan, 
which  even  went  somewhat  towards  disregarding  State 
rights.  He  also  suggested  the  important  compromise  under 
which,  whether  in  apportioning  taxation  or  representation, 
slaves  were  to  be  regarded  as  people,  not  chattels,  but  five 
were  to  be  reckoned  as  three  persons, — the  so-called  three- 
fifths  rule,  which  secured  the  adoption  of  the  Constitution 
by  South  Carolina  and  other  slave-holding  States. 

Through  his  efforts  Virginia  finally  ratified  the  Constitu- 
tion by  a  vote  of  eighty-nine  to  seventy-nine.  He  was 
elected  to  the  First  Congress.  He  did  as  much  as  any  one 
towards  securing  the  adoption  of  the  Constitution.  Madison 
drafted  the  main  features,  and  also  offered  the  first  ten 
amendments.  From  1801  to  1809  he  was  Secretary  of 
State,  and  from  1809  to  1817,  President.  He  died  in  Vir- 
ginia in  1836. 


296  CIVIL   GOVERNMENT. 

JAMES  MONROE. 

*'The  American  continents,  by  the  free  and  independent  condition 
which  they  have  assumed  and  maintain,  are  henceforth  not  to  be  con- 
sidered as  subjects  for  future  colonization  by  any  European  power." 

James  Monroe  was  born  in  Virginia,  April  29,  1758.  He 
entered  the  Revolutionary  army  at  the  age  of  eighteen,  and 
was  present  at  several  battles.  He  afterwards  studied  law 
with  Jefferson.  In  1782  he  was  elected  to  the  Assembly  of 
Virginia,  and  the  next  year  to  Congress,  where  he  took  an 
active  part  in  the  movements  for  framing  a  new  constitution. 
He  joined  with  Patrick  Henry  and  other  leading  State  rights 
men  in  opposing  the  ratification.  He  feared  the  power  and 
encroachment  of  the  federal  government.  He  was  after- 
wards sent  by  Washington  as  minister  to  France. 

In  1799  he  was  elected  Governor  of  Virginia,  and  in  1803 
was  sent  by  Jefferson  to  purchase  Louisiana  from  France  for 
fifteen  million  dollars.  On  the  election  of  Madison  he  was 
made  Secretary  of  State,  and  also  performed  the  duties  of 
Secretary  of  War.  In  1816  his  eminent  services  were  re- 
warded by  his  election  as  President,  to  which  office  he  was 
afterwards  re-elected.  The  acquisition  of  Florida  and  the 
Missouri  Compromise  were  events  of  his  administration. 
His  most  popular  acts  were  the  recognition  of  the  inde- 
pendence of  Mexico  and  the  South  American  republics,  and 
the  promulgation  of  what  has  since  been  called  the  "  Monroe 
Doctrine,"  in  which  he  declared  the  American  policy  of 
"  neither  entangling  ourselves  in  the  broils  of  Europe,  nor 
suffering  the  powers  of  the  Old  World  to  interfere  with  the 
affairs  of  the  New,  and  that  any  attempt  to  extend  their  sys- 
tem to  any  portion  of  this  hemisphere  would  be  dangerous 
to  our  peace  and  safety."  After  being  twice  President,  he 
acted  as  justice  of  the  peace,  a  visitor  of  the  University 


LIVES   OF   HISTORICAL   CHARACTERS.  297 

of  Virginia,  and  a  member  of  a  State  convention.  A  profuse 
generosity  and  hospitality  caused  him  to  be  overwhelmed 
with  debt,  and  he  found  refuge  with  his  relatives  in  New 
York,  where  he  died  in  1831.  He  was  an  honorable  and 
able  statesman,  though  not  a  speaker  or  a  man  of  brilliant 
talents. 

ANDRKW  JACKSON. 

•*  The  laws  of  the  United  States  must  be  executed.  They  who  told 
you  that  you  might  peacefully  prevent  their  execution  deceived  you. 
Their  object  is  disunion,  and  disunion  by  armed  force  is  treason." 

Andrew  Jackson  was  born  in  North  Carolina,  March  15, 
1767.  He  studied  law,  and  in  1788  removed  to  Nashville, 
Tennessee.  In  the  new  State  of  Tennessee  Jackson  was  a 
leading  man.  After  helping  to  frame  its  constitution,  he 
became  its  Representative  in  Congress  in  1796,  its  United 
States  Senator  in  1797,  and  a  judge  of  its  Supreme  Court 
in  1798. 

When  war  was  declared  against  Great  Britain  in  1812 
Jackson,  then  major-general  of  the  State  militia,  offered  his 
services,  which  were  accepted,  and  he  was  made  general 
of  the  army.  In  1815  the  British  tried  to  take  New  Orleans, 
but  Jackson  defeated  them.  This  battle  was  remarkable 
for  the  fact  that  it  was  fought  after  the  treaty  of  peace  had 
been  signed  at  Ghent  in  1814.  No  submarine  cable  was 
in  operation  at  that  time,  and  therefore  the  mode  of  com- 
munication was  by  letters,  which  were  brought  from  the 
Old  World  by  vessels.  The  treaty  was  consuriimated  De- 
cember 24,  1814,  but,  as  it  required  six  weeks  to  make  the 
voyage,  Jackson  was  unaware  of  the  signing  of  the  treaty 
when  he  fought  the  battle  on  January  8. 

After  the  purchase  of  Florida,  Jackson  was  its  first  Gov- 
ernor, but  he  soon  resigned,  and  in  1823  was  again  elected 


298  CIVIL   GOVERNMENT. 

to  the  Senate.  In  the  next  year  he  was  a  candidate  for 
President.  The  election  went  to  the  House  of  Representa- 
tives, which  chose  John  Quincy  Adams.  He  was,  however, 
elected  to  this  office  in  1828.  A  striking  feature  of  his  ad- 
ministration was  the  sweeping  removal  of  minor  officials 
and  the  filling  of  their  places  with  his  partisans.  On  Novem- 
ber 24,  1832,  the  Legislature  of  South  Carolina  adopted  an 
ordinance  of  nullification.  President  Jackson's  proclama- 
tion ably  argued  the  whole  question,  and  declared  a  firm 
determination  to  execute  the  laws  and  preserve  the  Union. 

The  President's  veto  power  was  much  more  freely  exer- 
cised by  Jackson  than  by  any  of  his  predecessors.  His 
most  memorable  veto  was  that  of  a  bill  to  renew  the  charter 
of  the  United  States  Bank.    He  was  re-elected  in  1832. 

In  his  administration  the  national  debt  was  fully  paid. 
In  foreign  affairs  Jackson  won  credit  by  enforcing  the  claims 
for  the  spoliations  committed  by  French  vessels  during  the 
wars  of  Napoleon.  In  1831  France,  by  treaty,  agreed  to 
pay  five  million  dollars,  but  afterwards  delayed  payment. 
He  then  recommended  to  Congress  to  order  the  seizure  of 
French  vessels  to  make  up  the  amount,  and  France,  after  a 
protest,  paid  the  claim.  Jackson's  second  term  having  ex- 
pired on  March  4,  1837,  he  retired  to  private  life  at  the 
Hermitage,  near  Nashville,  where  he  died,  1845. 

ABRAHAM  LINCOLN. 

* '  Let  us  have  faith  that  Right  makes  Might,  and  in  that  faith  let 
us  to  the  end  dare  to  do  our  duty  as  we  understand  it." 

Abraham  Lincoln  was  born  in  Kentucky  in  1809.  He 
learned  the  little  that  was  taught  in  the  country  schools, 
and  was  employed  in  rough  farm  work  until,  at  the  age  of 
nineteen,  he  went  on  a  flat-boat  to  New  Orleans.  His  first 
close  view  of  slavery  made  a  lasting  impression  on  his  mind. 


LIVES   OF   HISTORICAL   CHARACTERS.  299 

Wlien  twenty-one  years  of  age  his  father  moved  to  Illinois, 
where  the  son  assisted  in  felling  trees  and  splitting  rails  for 
fences,  though  he  still  found  time  for  the  study  of  law.  He 
was  elected  to  the  Legislature  in  1834  and  served  till  1842. 

When  the  Republican  party  was  organized  in  1856  to 
oppose  the  extension  of  slavery,  Lincoln  was  its  most 
prominent  leader  in  Illinois.  In  May,  1860,  the  Republican 
convention  nominated  him  for  President.  After  an  intensely 
exciting  campaign,  Lincoln  was  elected.  The  slavery  leaders 
immediately  put  into  execution  their  plans  for  the  secession 
of  the  States. 

On  January  1,  1863,  he  proclaimed  all  slaves  free  in 
those  States  or  parts  of  States  then  in  rebellion.  By  the 
Thirteenth  Amendment,  ratified  in  1865,  all  slaves  through- 
out the  United  States  were  given  their  freedom.  In  1864 
he  was  renominated  for  President  and  elected,  but  was 
assassinated  April  14, 1865,  by  John  Wilkes  Booth,  an  actor. 

He  was  a  man  of  strict  morality.     His  public  life  was 

devoted  to  the  good  of  his  fellow-men,  and  his  fame  is 

established  as  the  saviour  of  his  country  and  the  liberator 

of  a  race. 

JOHN  JAY. 

* '  The  only  way  to  be  loved  is  to  be  and  appear  lovely  ;  to  possess 
and  display  kindness,  benevolence,  tenderness  ;  to  be  free  from  selfish- 
ness, and  to  be  alive  to  the  welfare  of  others." 

John  Jay  was  born  in  New  York,  December  12,  1745. 
He  graduated  from  Columbia  College  in  1764,  and  was  ad- 
mitted to  the  bar  in  1768.  He  was  elected  to  the  First  and 
Second  Continental  Congresses.  The  constitution  of  New 
York  was  drafted  by  him,  and  he  was  appointed  Chief  Justice 
of  the  court.  He  was  returned  to  Congress  in  1778,  and 
was  elected  its  president,  and  in  1779  was  sent  as  minister 
to  Spain.     He  was  a  commissioner  to  arrange  the  treaty 


300  CIVIL   GOVERNMENT. 

which  ended  the  Revolutionary  War,  and  which  w^as  signed 
in  1783.  He  aided  Madison  and  Hamilton  in  writing  the 
articles  for  "  The  Federalist,"  and  was  appointed  by  Wash- 
ington the  first  Chief  Justice  of  the  United  States  Supreme 
Court.  In  1795  he  was  sent  to  make  a  treaty  with  England. 
This  treaty,  though  favorable  to  the  United  States,  was  de- 
nounced by  his  political  opponents,  but  it  was  finally  ratified. 
He  was  Governor  of  New  York  from  1795  to  1801.    He  died 

in  1829. 

JOHN  MARSHALL. 

' '  A  power  vested  carries  with  it  all  those  incidental  powers  which 
are  necessary  to  its  complete  and  efficient  execution." 

John  Marshall  was  born  in  Virginia,  1755.  He  studied 
law,  and  took  part  in  the  Revolutionary  War.  He  quickly 
distinguished  himself  in  his  profession,  and  rose  to  the  head 
of  the  Virginia  bar.  In  1788  he  was  a  member  of  the  State 
convention  which  ratified  the  United  States  Constitution. 
In  1797,  with  Pinckney  and  Gerry,  he  was  appointed  envoy 
to  France.  The  envoys  were  ordered  to  leave  the  country, 
as  they  refused  to  pay  money  to  the  French  government. 
This  action  made  him  more  respected  and  popular  at  home, 
and  in  1799  he  was  elected  to  Congress.  From  1800  to 
1801  he  was  Secretary  of  State.  He  was  appointed  Chief 
Justice  of  the  Supreme  Court  in  1801,  and  occupied  this 
place  till  his  death,  which  occurred  in  Philadelphia  in  1835. 

ROGER  B.  TANEY. 

* '  The  men  who  framed  the  Declaration  were  great  men,  high  in 
literary  acquirements,  high  in  their  sense  of  honor,  and  incapable 
of  asserting  principles  inconsistent  with  those  on  which  they  were 
acting. ' ' 

Roger  B.  Taney  was  born  in  Maryland  in  1777.  He 
was  admitted  to  the  bar  in  1799,  and  was  elected  to  the  State 


LIVES   OF   HISTORICAL   CHARACTERS.  301 

Senate  in  1816.  He  was  a  courageous  opponent  of  slavery 
as  early  as  1819.  In  1824  he  passed  from  the  Federalist  to 
the  Democratic  party,  and  supported  Andrew  Jackson,  who 
in  1831  appointed  him  Attorney-General  of  the  United 
States,  and  in  1833  Secretary  of  the  Treasury.  He  en- 
couraged and  carried  on  the  removal  of  the  government 
deposits  from  the  United  States  Bank. 

In  1836  he  became  Chief  Justice.  His  early  decisions 
were  strongly  in  favor  of  the  doctrine  of  State  sovereignty ; 
but  his  most  famous  decision  was  that  in  the  Dred  Scott 
case.     He  died  in  1864. 


CHAPTER    XVI. 
POUnOAL  AND  HISTOEIOAL  ARTICLES. 

POLinOAL  PARTIES. 

The  Ideas  of  Men  differ. — In  republics  the  power  of 
government  remains  with  the  people,  who  exercise  it  through 
representatives.  This  being  true,  it  is  natural  that  all  per- 
sons will  not  hold  the  same  opinion  as  to  the  best  method 
of  solving  the  problems  which  confront  the  government. 
It  is  almost  impossible  to  set  a  problem  before  a  number 
of  people  and  secure  a  unanimous  method  of  solution. 
Each  one  is  likely  to  have  a  different  plan ;  several  at  least 
will  be  offered. 

How  Parties  are  formed. — As  men  have  various  ideas 
as  to  how  the  country  should  be  governed,  those  of  like 
opinion  unite  for  the  purpose  of  controlling  the  government 
and  putting  their  principles  into  practice.  Before  election 
each  party  nominates  candidates  and  adopts  a  platform  set- 
ting forth  its  principles.  On  election  day  the  people  decide 
which  principles  are  to  be  put  in  force  and  which  candi- 
dates are  to  fill  the  offices. 

The  Utility  of  Several  Parties. — In  governmental  affairs 
other  parties  are  always  watching  the  one  in  power,  so  as 
to  discover  any  mistake  or  fraud.  Should  this  be  discov- 
ered, the  voters  are  informed  through  the  newspapers.  At 
the  next  election  the  voters  may  vote  against  the  candidates 
of  this  party.  This  acts  as  a  restraint  upon  the  party  in 
power. 

302 


POLITICAL   AND    HISTORICAL   ARTICLES.  303 

Political  Parties  in  the  United  States. — Political  par- 
ties have  existed  in  the  United  States  from  the  beginning 
of  the  government,  sometimes  being  few  and  at  other 
times  many.  Political  parties  are  not  always  continuous. 
Sometimes  the  principle  for  which  a  political  party  stands 
is  settled  and  the  party  dies,  or  else  adopts  a  new  prin- 
ciple, lately  arisen,  and  continues  its  existence  under  a  new 
name. 

.  Federalists  and  Anti-Federalists. — Poor  as  the  Articles 
of  Confederation  were  as  a  body  of  laws,  the  people  were 
not  all  favorable  to  the  Constitution.  There  were  two  par- 
ties, the  Federalists,  who  were  in  favor  of  a  strong  central 
government  and  supported  the  ratification  of  the  Constitu- 
tion, and  the  Anti-Federalists,  who  opposed  the  ratification 
of  the  Constitution,  because  they  feared  that  it  gave  too  much 
power  to  the  nation  and  that  a  monarchy  would  result. 
They  wished  the  main  power  to  exist  in  the  States.  Suf- 
ficient States  giving  their  consent  to  the  ratification  of  the 
Constitution,  the  cause  of  the  difference  of  opinion  no  longer 
existed,  and  the  Anti-Federalist  party  became  extinct.  The 
Federalist  party  still  continued.  In  1791  ten  amendments, 
giving  important  rights  to  the  people,  were  added  to  the 
Constitution,  and  many  former  Anti-Federalists  gave  their 
support  to  the  new  government. 

Federalists  and  Democratic-Republicans. — The  people 
of  France,  during  Washington's  administration,  declared 
themselves  a  republic.  This  led  to  a  bloody  revolution. 
At  the  same  time  France  was  drawn  into  a  war  with  Great 
Britain.  The  French,  having  helped  us  during  the  Revolu- 
tion, thought  that  the  United  States  would  assist  them. 
An  ambassador  named  Genet  was  sent  to  this  country  to 


304  CIVIL   GOVERNMENT. 

endeavor  to  secure  assistance.  Washington  was  of  the 
opinion  that  we  were  too  weak  to  engage  in  another  war, 
and  refused  to  interfere  in  the  dispute  between  France 
and  England.  There  were  many,  however,  who  thought, 
as  a  matter  of  gratitude,  that  we  should  help  the  French. 
These  people  formed  themselves  into  what  w^s  known  as 
the  Democratic-Republican  party.  The  name  was  after- 
wards shortened  to  Democratic  party. 

Democrats  and  Whigs. — The  War  of  1812  was  opposed , 
by  the  manufacturers  of  New  England.  A  convention  was 
held  at  Hartford,  Connecticut,  in  1814,  and  it  was  said  that 
the  members  of  this  convention  wished  their  States  to  leave 
the  Union.  Many  Federalists  attended  this  convention,  and, 
as  a  result,  it  caused  the  downfall  of  the  Federalist  party. 
The  Federalist  party  was  succeeded  by  the  National  Repub- 
lican party,  and  this  by  the  Whig  party  in  1835.  The 
Abolitionists,  whose  principle  was  to  abolish  slavery,  formed 
a  party  during  Jackson's  administration. 

Present  Parties. — The  Democratic  party  of  to-day  stands 
for  a  low  tariff,  free  coinage  of  silver  and  gold  at  a  ratio  of 
16  to  1,  and  is  opposed  to  the  idea  of  expansion  by  conquest. 

The  Republican  party  advocates  a  high  or  protective  tariff, 
gold  standard,  and  is  in  favor  of  expansion  by  conquest. 

Other  parties  are  Prohibition,  Socialist-Labor,  and  Social 
Democracy. 

PARTIES  AND  PRESIDENTS  ELECTED  BY  THEM. 

1.  Federalist :  Washington,  Adams,  1789-1801. 

2.  Democratic :  Jefiferson,  Madison,  Monroe,  Jackson,  Van  Buren, 
1801-1841. 

3.  Whig  :  Harrison  and  Tyler,  1841-1845. 

4.  Democratic  :  Polk,  1845-1849, 


POLITICAL   AND   HISTORICAL   ARTICLES.  305 

5.  Whig  :  Taylor  and  Fillmore,  1849-1853. 

6.  Democratic  :  Pierce,  Buchanan,  1853-1861. 

7.  Republican  :  Lincoln  and  Johnson,  Grant,  Hayes,  Garfield  and 
Arthur,  1861-1885. 

8.  Democratic:  Cleveland,  1885-1889. 

9.  Republican  :  Harrison,  1889-1893. 

10.  Democratic  :  Cleveland,  1893-1897. 

11.  Republican  :  McKinley  and  Roosevelt,  1897-1906. 

POLinOAL.  CONVENTIONS. 

Conventions. — Before  every  election  each  political  party- 
nominates  candidates  for  office  and  adopts  a  set  of  princi- 
ples called  a  platform.  This  work  is  done  at  a  meeting  of 
delegates.  Such  a  meeting  is  known  as  a  political  conven- 
tion. All  parties  do  not  meet  in  one  convention,  nor  do 
all  conventions  meet  at  the  same  time  or  place.  Each 
party  has  its  own  convention  and  selects  its  own  time  and 
place  of  meeting.  Conventions  differ  according  to  the 
office  to  be  filled.  The  following  are  the  names  of  various 
conventions : 

1.  National  convention. 

2.  State  convention. 

3.  County  convention. 

4.  City  convention. 

5.  Ward  convention. 

National  Convention. — This  is  composed  of  delegates 
from  all  the  States  and  Territories  in  the  United  States.  The 
candidates  it  nominates  are  for  the  offices  of  President  and 
Vice-President.  As  the  term  of  office  of  these  men  is  four 
years,  conventions  of  this  kind  meet  but  once  in  that  time. 
The  convention  generally  meets  from  three  to  five  months 
before  the  election,  and  in  some  city  selected  by  the  mana- 
gers of  the  party. 

20 


306 


CIVIL   GOVERNMENT. 


State  Convention. — This  is  composed  of  delegates  from 
the  counties  of  a  State.  A  State  convention  is  not  so  gen- 
eral in  its  membership  as  a  national  convention.  There 
is  but  one  of  the  latter  for  each  party,  while  of  the  former 
there  are  as  many  as  there  are  States. 


Number  of 
Conventions.  ■ 


1.  National  .  One  for  each  party. 


L2.  State 


One  for  each  party  in  every  one  of  the 
forty-five  States.  If  there  were  four 
parties  in  each  State,  there  would  be 
one  hundred  and  eighty  conventions 
in  all. 


In  a  State  convention  the  business  is  principally  that  of 
nominating  State  officers,  such  as  Governor,  Lieutenant- 
Governor,  State  Treasurer,  and  others.  The  time  for  holding 
the  convention  varies  in  the  States,  corresponding  to  the 
term  of  office  of  the  State  officials.  If  the  term  of  office 
of  the  Governor  and  Lieutenant-Governor  be  two  years,  it 
will  be  necessary  for  the  State  convention  to  meet  every  two 
years.  In  conventions  of  this  kind  the  meeting-place  is  in 
some  city  in  the  State,  and  the  time  of  meeting  is  a  few 
months  before  election  day. 


County  Convention. — This  is  composed  of  delegates 
from  the  various  towns  and  townships  of  a  county.  The 
business  of  this  convention  is  to  nominate  such  county 
officers  as  Judge,  Sheriff,  Attorney,  Clerk,  Commissioners, 
Coroner,  Surveyor,  Treasurer,  and  Auditors.  County  con- 
ventions are  held  as  often  as  it  is  necessary  to  nominate 
officers  to  carry  on  the  business  of  the  county.  The  place 
of  meeting  is  always  within  the  county.  There  are  as 
many  county  conventions  in  a  State  as  there  are  counties. 


POLITICAL  AND   HISTORICAL   ARTICLES.  307 

City  Convention. — This  is  made  up  of  delegates  from 
the  various  wards  of  a  city.  The  men  nominated  are  for 
city  offices,  such  as  Mayor,  City  Treasurer,  etc. 

Ward  Convention. — This  is  composed  of  delegates  from 
the  different  parts  of  a  ward.  There  are  as  many  in  each 
city  as  there  are  wards.  In  Philadelphia  there  are  forty- 
two  wards,  thus  making  forty-two  ward  conventions  of  each 
political  party.  The  meeting-place  is  in  some  hall  in  the 
ward,  and  the  officials  nominated  are  members  of  the  City 
Councils  and  School  Directors. 

PROOLAMATIONS. 

Meaning  of  the  Term. — The  publishers  of  newspapers 
employ  men  to  gather  information  concerning  the  govern- 
ment. This  is  printed  in  the  papers,  and  the  people  are 
thus  informed  of  recent  events.  Such  news  is  unofficial, 
being  collected  by  the  reporters  and  not  printed  by  the 
authority  of  any  government  official.  There  is,  however, 
other  information  which  the  government  wishes  the  citi- 
zens to  know.  This  information  is  contained  in  a  document, 
which  is  signed  by  the  President  and  the  Secretary  of  State. 
It  is  then  given  to  the  reporters.  The  latter  information  is 
official,  as  it  is  given  by  the  authority  of  the  government. 
The  President  alone  has  the  power  to  give  such  information, 
and  the  document  is  known  as  a  proclamation. 

Washington's  Proclamation. — France  was  engaged  in  a 
war  with  England  during  the  administration  of  Washington. 
The  French  sent  an  ambassador  to  the  United  States  to 
secure  help.  The  President  refused  to  give  aid  and  issued 
a  proclamation  of  neutrality,  stating  that  the  United  States 
would  not  interfere  in  any  European  conflict. 


308  CIVIL   GOVERNMENT. 

Jefferson's  Proclamation. — In  Jefferson's  administration 
the  crews  of  English  ships  boarded  American  vessels  with- 
out authority  and  claimed  some  of  the  crews.  As  a  result 
of  these  insults  to  the  nation,  the  President  issued  a  procla- 
mation forbidding  British  cruisers  to  enter  American  ports. 

Lincoln's  Proclamation. — The  most  important  procla- 
mation issued  since  1789  was  the  one  by  Lincoln  in  1863. 
In  it  the  President  declared  the  slaves  free  in  those  States 
then  in  rebellion. 

A  Thanksgiving  Proclamation. — A  proclamation  is  is- 
sued every  year  by  the  President,  in  which  he  asks  the 
people  to  assemble  in  their  churches  and  thank  the  Supreme 
Ruler  for  His  blessings  during  the  year.  It  is  known  as 
the  Thanksgiving  Proclamation.  The  following  one  was 
issued  by  President  McKinley  in  1897. 

**In  remembrance  of  God's  goodness  to  us  during  the  past  year, 
which  has  been  so  abundant,  '  let  us  offer  unto  Him  our  thanks- 
giving and  pay  our  vows  unto  the  Most  High. '  Under  His  watchful 
providence  industry  has  prospered,  the  conditions  of  labor  have  been 
improved,  the  rewards  of  the  husbandman  have  been  increased,  and 
the  comforts  of  our  homes  multiplied.  His  mighty  hand  has  preserved 
peace  and  protected  the  nation.  Respect  for  law  and  order  has  been 
strengthened,  love  of  free  institutions  cherished,  and  all  sections  of  our 
beloved  country  brought  into  closer  bonds  of  fraternal  regard  and  gen- 
erous co-operation. 

**  For  these  great  benefits  it  is  our  duty  to  praise  the  Lord  in  a  spirit 
of  humility  and  gratitude,  and  to  offer  up  to  Him  our  most  earnest 
supplications.  That  we  may  acknowledge  our  obligation  as  a  people 
to  Him  who  has  so  graciously  granted  us  the  blessings  of  free  govern- 
ment and  material  prosperity,  I,  William  McKinley,  President  of  the 
United  States,  do  hereby  designate  and  set  apart  Thursday,  the  twenty- 
fifth  day  of  November,  for  national  thanksgiving  and  prayer,  which  all 


POLITICAL   AND   HISTORICAL   ARTICLES.  309 

of  the  people  are  invited  to  observe  with  appropriate  religious  services 
in  their  respective  places  of  worship.  On  this  day  of  rejoicing  and 
domestic  reunion  let  our  prayers  ascend  to  the  Givei  of  every  good  and 
perfect  gift  for  the  continuance  of  His  love  and  favor  to  us,  that  our 
hearts  may  be  filled  with  charity  and  good-will,  and  that  we  may  be 
ever  worthy  of  His  beneficent  concern. 

' '  In  witness  whereof  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed.  Done  at  the  city  of  Washington, 
this  twenty-ninth  day  of  October,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  ninety-seven,  and  of  the  Independence  of  the 
United  States  the  one  hundred  and  twenty-second. 

"WILLIAM  McKINLEY. 

"  By  the  President. 
' '  John  Sherman, 

*^  Secretary  of  State.'' ^ 

Proclamations  as  Laws. — Proclamations  have  been  is- 
sued on  other  matters.  Some  proclamations,  like  the  one  in 
1863,  are  really  laws,  and  must  be  obeyed  as  such.  Others 
are  merely  suggestions,  and  may  be  followed  or  not  as  the 
citizen  thinks  proper.  Such  is  the  Thanksgiving  Proclama- 
tion. The  citizens  are  not  commanded  to  observe  the  day, 
but  are  requested  to  do  so. 

MASON  AND  DIXON'S  LINE. 

Conflicting  Claims. — The  land  in  the  New  World  granted 
by  the  kings  of  England  to  various  men  was  never  accu- 
rately marked.  The  boundaries  of  the  tracts  were  very 
indefinite,  so  that  the  land  held  by  one  frequently  extended 
into  the  territory  of  another.  Constant  disputes  resulted. 
The  only  way  to  settle  the  matter  definitely  was  to  fix  the 
limits  of  the  disputed  land. 

The  Bound§,ry  surveyed. — The  descendants  of  Lord 
Baltimore,  proprietor  of  Maryland,  and  the  descendants  of 


310  CIVIL   GOVERNMENT. 

William  Penn,  proprietor  of  Pennsylvania,  could  not  come 
to  an  understanding  in  regard  to  the  boundary  between 
their  respective  domains.  As  the  result  of  much  contro- 
versy, Charles  Mason  and  Jeremiah  Dixon,  two  English 
mathematicians  and  surveyors,  were  selected  to  fix  the 
boundary.  To  guide  them  in  their  work  the  papers  con- 
taining the  original  grants  were  used.  The  work  was  done 
between  1763  and  1767,  and  the  boundary-line  fixed  by 
them  gave  satisfaction  to  all  concerned.  It  remains  to  this 
day.  The  line  forms  the  southern  boundary  of  Pennsyl- 
vania and  the  northern  boundary  of  Maryland,  and  is  39° 
43'  26"  north  latitude. 

Its  Historical  Meaning". — Besides  having  a  geographical 
use,  it  has  an  historical  meaning ;  in  fact,  its  name  became 
celebrated  from  history  alone.  In  1820,  during  the  angry 
debates  on  the  slavery  question  and  the  Missouri  Com- 
promise, John  Randolph,  of  Virginia,  said  that  Mason  and 
Dixon's  Line  was  the  dividing-line  between  the  slave  and 
free  States.  Pennsylvania  and  all  States  north  were  free, 
and  Maryland  and  all  States  south  held  slaves.  Although 
the  statement  was  true,  the  fact  that  it  was  the  dividing- 
line  was  a  singular  coincidence,  as  the  line  was  drawn 
long  before  slavery  became  an  absorbing  question  in  poli- 
tics. 

Its  Present  Meaning. — After  1820,  as  new  States  were 
admitted  into  the  Union,  this  coincidence  still  continued. 
Mason  and  Dixon's  Line  only  extended  the  length  of  Penn- 
sylvania, but  if  it  had  been  carried  farther  west  in  an  ir- 
regular way  along  the  Ohio  River,  those  to  the  north  would 
have  all  been  free  States,  and  those  to  tlie  south,  slave. 
The  Civil  War  terminated  its  historical  meaning,  and  it  is 


POLITICAL   AND    HISTORICAL   ARTICLES.  311 

now  what  it   was   originally,  the  boundary-line   between 
Pennsylvania  and  Maryland. 

NORTHWEST  AND  SOUTHWEST  TERRTTOEIES. 
Cession  of  Claims  by  the  States. — The  treaty  of  peace 
with  England  in  1783  extended  the  boundaries  of  the 
United  States  westward  to  the  Mississippi  River.  The 
population  was  clustered  along  the  sea-coast,  leaving  the 
remaining  land  a  wilderness.  The  extension  of  the  boun- 
dary westward  caused  the  States  to  make  claim  to  that  terri- 
tory opposite  to  them.  Massachusetts,  Connecticut,  New 
York,  Virginia,  North  Carolina,  South  Carolina,  and  Georgia 
all  had  claims  on  this  territory.  Some  of  these  States,  how- 
ever, had  their  claims  before  1783.  Of  these  seven  States 
some  claimed  land  north  and  west  of  the  Ohio  River,  and 
others  that  portion  south  and  west  of  the  same  river.  These 
claims,  often  conflicting,  caused  much  dispute.  Afterwards 
each  State  gave  its  land  to  Congress  to  be  used  for  the  com- 
mon good,  as  follows : 

New  York,  1780. 
Virginia,  1781. 
Massachusetts,  1784. 
Connecticut,  1786. 
South  CaroUna,  1787. 
North  Carolina,  1789. 
Georgia,  1802. 

Settlement  of  the  Territories  and  their  Admission 
as  States. — The  land  was  organized  into  two  Territories. 
The  first  was  known  as  the  Northwest  Territory,  and  the 
second  as  the  Southwest  Territory.  Numerous  companies 
were  formed  to  buy  immense  tracts  from  the  government 
and  to  settle  them,  and  soon  each  Territory  was  divided 


312  CIVIL   GOVERNMENT. 

into  parts  and  admitted  into  the  Union.     From  the  North- 
west Territory  these  States  were  made : 

Ohio,  admitted  1803. 
Indiana,  admitted  1816. 
Illinois,  admitted  1818. 
Michigan,  admitted  1837. 
Wisconsin,  admitted  1848. 

From  the  Southwest  Territory  these  States  were  made : 

Kentucky,  admitted  1792. 
Tennessee,  admitted  1796. 
Mississippi,  admitted  1817. 
Alabama,  admitted  1819. 

Ordinance  of  1787. — The  Northwest  Territory  was  soon 
sufficiently  settled  to  entitle  it  to  a  form  of  government. 
In  1787  a  committee  reported  "  An  Ordinance  for  the  Gov- 
ernment of  the  Territory  of  the  United  States  Northwest 
of  the  Ohio."    This  measure  provided  for  the  following : 

1.  No  slavery  should  exist  therein. 

2.  Estates  were  to  be  equally  divided  among  all  children,  if  there 
were  no  will.  This  abolished  the  unjust  law  of  primogeniture,  which 
had  been  in  effect  in  many  Southern  colonies. 

3.  The  Governor  and  judges  were  to  be  elected  by  Congress.  There 
was  a  Territorial  Legislature  composed  of  a  House  of  Representa- 
tives and  a  Council.  The  members  of  the  former  were  elected  by  the 
people,  and  the  members  of  the  latter  were  chosen  by  Congress. 

4.  Religious  freedom  was  granted  to  all. 
6.  Education  was  encouraged. 

In  the  Southwest  Territory  slavery  was  permitted  to  exist. 

THE  OREGON  COUNTRY. 

Discovery  of  the  Colunibia  River. — Captain  Robert 
Gray,  a  New  England  sailor,  was  engaged  in  trading  with 


POLITICAL  AND   HISTORICAL  ARTICLES.  313 

the  Pacific  coast  Indians  as  early  as  1792.  In  this  year  he 
discovered  the  mouth  of  an  immense  river,  which  he  named 
the  Columbia,  from  the  name  of  his  vessel.  The  discovery 
of  the  river  afterwards  furnished  the  United  States  with  a 
strong  claim  to  this  region  when  the  dispute  arose  with 
Great  Britain  as  to  who  owned  the  land.  Captain  Gray 
also  had  the  honor  of  being  the  first  American  to  carry  his 
country's  flag  around  the  world. 

Expedition  of  Lewis  and  Clark.  —  The  extent  of  the 
Louisiana  territory  was  indefinite.  Jefferson,  with  the  con- 
sent of  Congress,  sent  an  exploring  expedition  into  the  new 
country.  The  party  left  St.  Louis  in  1804  under  the  leader- 
ship of  Meriwether  Lewis  and  William  Clark.  After  fol- 
lowing the  Missouri  River  for  about  twelve  hundred  miles 
they  reached  the  place  where  Helena,  Montana,  now  stands. 
Crossing  the  mountains,  they  launched  their  boats  in  a 
river.  This  river  flowed  into  a  larger  one.  Following  the 
latter's  course,  they  came  to  its  mouth  November  7,  1805. 
The  river  was  the  Columbia.  Besides  the  knowledge  of 
the  wild  West  gained,  the  exploration  enabled  the  United 
States  to  strengthen  its  claim  to  the  territory. 

Settlement  of  Astoria. — The  reports  of  the  wealth  in 
furs  in  this  unsettled  region  caused  many  to  go  there  to 
trade.  John  Jacob  Astor,  of  New  York,  organized  a  fur 
company,  and  proceeded  to  establish  trading-posts  from  the 
Great  Lakes  to  the  Pacific  Ocean.  One  of  these  stations 
was  established  in  1811  at  the  mouth  of  the  Columbia 
River,  and  was  named  Astoria.  This  was  the  first  American 
settlement  in  that  region. 

Joint  Occupation  of  Oreg-on. — In  1818  a  treaty  was 
made  in  which  it  was   agreed  that  the  Oregon  country 


314  CIVIL   GOVERNMENT. 

should  be  held  by  both  England  and  the  United  States  for  a 
period  of  ten  years.  In  1828  the  limit  expired.  By  another 
agreement  it  was  continued  indefinitely,  but  it  could  be  ter- 
minated by  either  party  after  a  year's  notice. 

Dr.  Whitman's  Trip  to  Washington. — Dr.  Marcus  Whit- 
man, of  New  York,  was  a  missionary.  In  1836  he  set  out 
for  the  disputed  territory.  Afterwards  many  emigrants  fol- 
lowed him.  The  British,  during  the  same  time,  were  also 
making  efforts  to  secure  the  land.  English  settlers  were 
there.  Seeing  that  the  only  way  to  make  the  United  States' 
claim  final  was  to  populate  it  with  our  citizens.  Whitman 
went  to  Washington  in  1843  and  laid  the  matter  before 
Congress  and  the  President.  His  efforts  were  not  fruitless, 
and  by  1845  seven  thousand  Americans  were  living  in 
Oregon. 

The  Boundary  settled. — The  United  States  now  had 
such  a  strong  claim  to  the  entire  country  that  the  people  de- 
manded a  settlement  of  the  dispute  and  a  termination  of 
the  joint  occupation  agreed  to  in  1818.  The  one  year's 
notice  was  given  in  1846.  In  the  same  year,  however,  the 
matter  was  amicably  settled  by  a  treaty.  The  forty-ninth 
parallel  was  made  the  boundary-line  ;  the  part  north  of  this 
was  taken  by  the  English  and  the  part  south  by  the  United 
States.  The  territory  acquired  was  immense.  From  it 
three  States  were  afterwards  made :  Oregon,  admitted  in 
1859  ;  Washington,  admitted  in  1889  ;  and  Idaho,  admitted 
in  1890. 

THE  STARS  AND  STRIPES. 

The  Flag. — When  the  Colonies  were  ruled  by  England,  the 
flag  of  that  country  was  also  their  flag.  At  the  commence- 
ment of  the  Revolution  various  flags  were  used,  but  they  were 


POLITICAL   AND    HISTORICAL   ARTICLES.  315 

not  national.  Patriotic  mottoes  were  inscribed  on  them  to  in- 
spire the  soldiers.  One  such  banner  bore  a  pine-tree  and  the 
words,  "  An  Appeal  to  Heaven ;"  another  bore  a  rattlesnake 
and  the  warning,  "  Don't  Tread  on  Me."  When  Washing- 
ton took  command  of  the  army  at  Cambridge  there  was  as 
yet  no  national  flag.  His  flag  was  the  English  emblem,  with 
the  addition  of  thirteen  red  and  white  stripes. 

The  war  made  the  adoption  of  a  flag  necessary,  so  the 
Second  Continental  Congress,  in  1777,  appointed  a  commit- 
tee for  this  purpose,  consisting  of  George  Washington,  George 
Ross,  and  Robert  Morris.  They  visited  the  home  of  Betsy 
Ross,  in  Philadelphia.  The  result  was  the  adoption  of  the 
American  flag  on  June  14,  1777.  It  was  first  raised  on 
land  over  Fort  Stanwix,  New  York,  and  on  shipboard  by 
Paul  Jones. 

In  1818  Congress  decided  that  there  should  always  be 
thirteen  stripes,  being  the  number  of  the  original  States : 
seven  of  these  red,  signifying  valor,  and  six  white,  signifying 
purity.  The  seven  and  six  placed  side  by  side  make  '76, 
the  ye£ir  of  independence.  The  stars  were  to  be  increased 
as  the  Union  became  larger, — one  star  to  be  added  on  the 
Fourth  of  July  succeeding  the  admission  of  each  State. 

The  attack  on  Fort  McHenry,  in  1814,  inspired  Francis 
Scott  Key  to  write  some  verses  called  "  The  Star  Spangled 
Banner."  The  poem  was  afterwards  put  to  music  and  sung. 
It  is  considered  our  national  anthem. 

"Uncle  Sam." — "Uncle  Sam"  as  a  nickname  for  the 
United  States  came  about  in  a  curious  way.  A  man  living 
in  New  York  during  the  War  of  1812  was  called  "Uncle 
Sam"  by  the  soldiers.  His  real  name  was  Samuel  Wilson, 
and  his  business  was  to  send  supplies  to  the  army.  All 
goods  belonging  to  the  government  were  marked  "  U.  S." 


316  CIVIL   GOVERNMENT. 

The  initials  of  the  man's  nickname  and  the  initials  of  the 
government  were  thus  ahke,  and  all  goods  sent  out  by  him 
were  known  as  ''  Uncle  Sam's"  goods.  The  name  clung  to 
the  government,  and  to-day  is  inseparable  from  it. 

ARBITRATION. 

Disputes  peaceably  settled. — In  former  days  nations 
were  quicker  to  take  up  arms  against  each  other  than  at 
present.  Each  country  is  armed  with  weapons  so  de- 
structive in  their  effects  that  any  war  must  necessarily  be 
short,  the  loss  of  life  enormous,  and  the  expense  almost 
incalculable.  There  has  been  a  tendency  lately  to  settle 
international  disputes  without  war.  To  reach  that  ideal 
state  when  there  shall  be  "peace  on  earth,"  every  one 
sees  the  desirability  of  abolishing  war. 

A  dispute  between  nations  may  end  in  an  agreement 
which  is  marked  by  a  treaty.  The  dispute  may  cause  a 
war.  Matters  that  have  reached  a  crisis  should  be  left  to  the 
judgment  of  men  having  no  interest  in  them,  as  the  parties 
concerned  are  often  so  excited  that  reason  and  judgment 
are  clouded.  However,  men  of  other  nations  know  the 
facts,  and  after  proper  consideration  could  give  a  fair  deci- 
sion. If  the  verdict  be  accepted,  war  would  be  prevented. 
Settlement  of  cases  by  disinterested  parties  is  known  as 
arbitration.  The  person  or  persons  selected  are  given  the 
facts  of  the  case.  After  proper  consideration  a  decision  is 
made,  which  is  final.  Sometimes  there  is  only  one  arbiter, 
as  in  the  Northwest  boundary  dispute,  when  Emperor  Wil- 
liam decided  the  case ;  sometimes  there  are  five,  as  in  the 
Alabama  Claims. 

Cases  arbitrated. — By  a  treaty  made  at  Washington 
in  Grant's  administration,  three  separate  matters  of  con- 


POLITICAL   AND   HISTORICAL   ARTICLES.  317 

troversy  between  Great  Britain  and  the  United  States  were 
to  be  settled  by  arbitration.  Five  men,  one  each  from 
Great  Britain,  United  States,  Italy,  Switzerland,  and  Brazil, 
met  at  Geneva,  Switzerland.  England  was  found  to  have 
allowed  Confederate  war-ships  to  be  fitted  out  in  her  ports, 
and  in  consequence  much  damage  was  done  to  American 
commerce.  The  decision,  made  September  14,  1872, 
awarded  fifteen  million  five  hundred  thousand  dollars  to 
the  United  States. 

The  second  part  of  the  treaty  provided  for  the  settlement 
of  the  boundary  between  Washington  Territory  and  Van- 
couver Island  in  the  Pacific  Ocean.  In  1872  Emperor  Wil- 
liam of  Germany  fixed  the  line.  The  island  of  San  Juan 
became  our  territory.  What  was  then  Washington  Terri- 
tory has  since  become  a  State. 

The  third  section  was  in  reference  to  fisheries  off  the 
Canadian  coast.  The  arbitrators  decided  against  the  United 
States  in  1877,  and  provided  for  the  payment  of  five  million 
five  hundred  thousand  dollars  to  Great  Britain. 

The  United  States  claimed  the  right  to  regulate  the  capture 
of  seals  in  Behring  Sea.  In  violation  of  rules,  several  English 
ships  were  seized.  This  led  to  trouble  with  Great  Britain, 
and  the  matter  was  adjusted  by  arbitration.  The  repre- 
sentatives were  from  Great  Britain,  United  States,  France, 
Norway,  and  Sweden.  The  sea  was  to  remain  open,  but 
regulations  were  made.    The  decision  was  rendered  in  1893. 

Venezuela  and  British  Guiana  were  in  controversy  over 
the  boundary  between  them.  In  1895  President  Cleveland 
suggested  to  England  that  the  question  be  settled  by  arbi- 
tration.   Great  Britain  agreed  to  the  proposition  in  1896. 

Peace  Conference. — An  event  in  the  world's  history 
occurred  in  1899.     Russia,  the  most  despotic  of  all  coun- 


318  CIVIL   GOVERNMENT. 

tries,  and  the  one  having  the  largest  army,  invited  many- 
nations  to  participate  in  a  peace  conference.  The  object 
was  to  see  whether  some  means  could  not  be  found  for 
the  settlement  of  all  disputes  without  war,  and  for  decreas- 
ing the  immense  military  system  now  possessed  by  all. 

Many  countries  sent  representatives,  who  met  at  The 
Hague,  in  Holland,  on  May  18  and  continued  till  July  29, 
when  recommendations  were  made  to  all  governments. 

The  success  attending  arbitration  gives  hope  for  an  era 
when  war  will  not  be  the  means  to  end  a  dispute.  The 
war  often  exceeds  in  cost  the  value  of  the  question  in  dis- 
pute, leaving  out  of  consideration  the  loss  of  life,  the  de- 
struction of  trade,  and  the  ill-feeling.  The  award  of  the 
arbitrators  is  likely  to  be  just,  and  for  the  sake  of  peace 
and  its  accompanying  blessings  it  should  be  accepted. 

PASSPORTS. 

Passports  are  papers  given  by  the  government  to  citizens 
who  intend  spending  some  time  in  foreign  countries.  The 
purpose  is  to  protect  our  citizens  and  to  secure  for  them  all 
the  rights  of  the  country  in  which  they  are  staying.  Pass- 
ports are  granted  only  to  citizens  of  the  United  States. 

To  secure  one,  application  must  be  made  to  the  Secretary 
of  State.  He  is  the  only  officer  who  has  power  to  grant 
them  in  this  country.  An  American  citizen  who  happens 
to  be  in  another  country  without  this  paper  may  get  one 
from  the  United  States  minister  to  that  country.  A  pass- 
port lasts  but  two  years,  and  after  that  time  it  is  of  no 
further  use.  One  passport  is  sufficient  for  an  entire  family, 
as  the  names  and  ages  of  all  are  mentioned  in  the  one  paper. 
Persons  not  members  of  one  family  are  required  to  have 
separate  passports.     The  cost  of  a  passport  is  one  dollar. 

A  citizen  having  a  passport  is  under  the  protection  of  the 


POLITICAL   AND   HISTORICAL   ARTICLES.  319 

government  while  travelling,  and  any  wrong  done  him 
abroad  would  cause  the  government  to  ask  for  an  explana- 
tion and  reparation. 

PENSIONS. 

Why  panted. — A  war  takes  men  from  their  occupations 
and  homes.  By  their  work  many  support  others  who  do 
not  or  cannot  work.  While  serving  in  the  army  men  re- 
ceive pay,  and  thus  the  support  at  home  continues.  But 
in  battle  many  are  killed  or  wounded,  and  their  ability  to 
earn  ceases.  Those  depending  on  them  are  therefore  left 
helpless.  That  this  helplessness  may  in  some  degree  be 
ameliorated,  the  government  grants  a  regular  sum  of  money, 
termed  a  pension. 

Cost. — This  liberal  policy  of  the  government  has  cost 
millions  of  dollars.  Ever  since  the  Revolutionary  War 
there  have  been  many  who  have  received  its  aid.  Suc- 
ceeding wars  have  added  large  numbers  to  the  list  of  pen- 
sioners. From  an  annual  expense  of  sixty-five  million 
dollars  in  Monroe's  administration,  it  has  steadily  increased 
till  the  enormous  amount  of  one  hundred  and  fifty  million 
dollars  was  reached  when  Harrison  was  President. 

Regulation. — Pensions  are  regulated  by  Congress.  So 
liberal  is  the  government  that  not  only  the  wounded  and 
disabled  soldiers  receive  pensions,  but  also  the  widows  and 
orphans  of  those  who  have  died.  The  work  entailed  by 
pensions  is  enormous,  and  requires  many  men.  The 
Bureau  of  Pensions  is  under  the  direction  of  the  Depart- 
ment of  the  Interior.  The  chief  officer  is  called  the 
Commissioner  of  Pensions.  He  is  appointed  by  the  Presi- 
dent and  approved  by  the  Senate,  and  his  compensation  is 
five  thousand  dollars  per  annum.    His  work  consists  in 


320  CIVIL   GOVERNMENT. 

distributing  the  money  to  those  entitled  to  it,  in  keeping 
the  records  of  soldiers,  and  in  examining  the  claims  of 
those  asking  for  government  aid. 

Distribution. — Pensioners  reside  in  all  parts  of  the 
country.  To  require  them  to  come  to  Washington  to  collect 
the  money  would  be  a  hardship,  as  it  would  require  some 
to  spend  a  goodly  part  of  what  they  were  to  receive.  As 
a  convenience,  government  agents  are  appointed  for  districts. 
The  people  living  within  a  district  call  at  the  office  of  the 
pension  agent  and  are  given  their  amounts. 


ANPnOS  Vjl!  ,--V\BlG  WOOD  CAY  "^v  *<>   AI^^'-'    i       ^Vtli-    \ 


0   C    K   A   X\ 


„       ,  WHITE  qXY 
il(,lniiif>U!t  Ft.  >X  WATLING  I 
'or  SAN 


^         BARKATERRE  I*. 
•i,  STOCKING  I 


■^6^ 
.^^> 


FLAMINGO  CAY 

JAMAICA  cay/ 
SEAL  CAY; 


SALVADOR 
Landing  Of 
Chrtstopber  Colui  abiu 
October  12,  1^92 

^^-^^cSbumcay 


(I     Pittstow 


'^' 


,.^,1     rittstownV-^ 
CrOO'-^FORTUNEI.^ 
I  KURSE  CAY  Ai 

*'>  RACOON  CAY' 
\  RAGGED  IS.  SaFina  /'■  d^H'/'' 

^  HIRAP0RV08..1..U^J^^/>.J 


APPENDIX, 


THE  MAYFLOWER  COMPACT. 

In  the  name  of  God,  Amen ;  We  whose  names  are  under-written, 
the  loyall  subjects  of  our  dread  soveraigne  Lord  King  James,  by  ye 
grace  of  God  of  Great  Britaine,  France  and  Ireland,  King,  defender  of 
ye  faith,  &c.,  haveing  undertaken,  for  ye  glorie  of  God  and  advance- 
mente  of  ye  Christian  faith,  and  honour  of  our  King  and  countrie,  a 
voyage  to  plant  the  first  colonie  in  ye  Northerne  parts  of  Virginia,  doe 
by  these  presents  solemnly  and  mutually  in  ye  presence  of  God,  and 
one  of  another,  covenant  and  combine  ourselves  together  into  a  civill 
body  politick,  for  our  better  ordering  and  preservation  and  furtherance 
of  ye  ends  aforesaid ;  and  by  vertue  hereof  to  enact,  constitute  and 
frame  such  just  and  equall  lawes,  ordinances,  acts,  constitutions  and 
offices,  from  time  to  time,  as  shall  be  thought  most  meete  and  conve- 
nient for  ye  generall  good  of  ye  colonie,  unto  which  we  promise  all 
due  submission  and  obedience.  In  witnesse  whereof  we  have  here- 
under subscribed  our  names,  (hpe  Cod  11  of  November,  in  the  yeare  of 
the  raigne  of  our  soveraigne  Lord  King  James  of  England,  Erance  and 
Ireland  18,  and  of  Scotland  54.    Anno  Domini^  1620. 


21  121 


322  APPENDIX. 


THE   DECLARATION   OF   INDEPENDENCE, 
IN  CONGRESS,  JULY  4,  1776. 


A  Declaration   by  the   Representatives   of   the  United   States  op 
America,  in  Congress  assembled. 

When,  in  the  course  of  human  events,  it  becomes  necessary  for  one 
people  to  dissolve  the  political  bands  which  have  connected  them  with 
another,  and  to  assume,  among  the  powers  of  the  earth,  the  separate 
and  equal  station  to  which  the  laws  of  nature  and  of  nature's  God 
entitle  them,  a  decent  respect  to  the  opinions  of  mankind  requires  that 
they  should  declare  the  causes  which  impel  them  to  the  separation. 

We  hold  these  truths  to  be  self-evident,  that  all  men  are  created 
equal ;  that  they  are  endowed  by  their  Creator  with  certain  unalienable 
rights ;  that  among  these  are  life,  liberty,  and  the  pursuit  of  happiness. 
That,  to  secure  these  rights,  governments  are  instituted  among  men, 
deriving  their  just  powers  from  the  consent  of  the  governed;  that, 
whenever  any  form  of  government  becomes  destructive  of  these  ends, 
it  is  the  right  of  the  people  to  alter  or  to  abolish  it,  and  to  institute  a 
new  government,  laying  its  foundation  on  such  principles,  and  organ- 
izing its  powers  in  such  form,  as  to  them  shall  seem  most  likely  to 
effect  their  safety  and  happiness.  Prudence,  indeed,  will  dictate  that 
governments  long  established  should  not  be  changed  for  light  and 
transient  causes;  and,  accordingly,  all  experience  hath  shown,  that 
mankind  are  more  disposed  to  suffer,  while  evils  are  sufferable,  than 
to  right  themselves  by  abolishing  the  forms  to  which  they  are  accus- 
tomed. But  when  a  long  train  of  abuses  and  usurpations,  pursuing 
invariably  the  same  object,  evinces  a  design  to  reduce  them  under 
absolute  despotism,  it  is  their  right,  it  is  their  duty,  to  throw  off  such 
government,  and  to  provide  new  guards  for  their  future  security. 
Such  has  been  the  patient  sufferance  of  these  colonies,  and  such  is 
now  the  necessity  which  constrains  them  to  alter  their  former  systems 
of  government.  The  history  of  the  present  king  of  Great  Britain  is  a 
history  of  repeated  injuries  and  usurpations,  all  having  in  direct  object 


THE  DECLARATION  OF  INDEPENDENCE.  323 

the  establishment  of  an  absolute  tyranny  over  these  States.  To  prove 
this,  let  facts  be  submitted  to  a  candid  world : 

He  has  refused  his  assent  to  laws  the  most  wholesome  and  necessary 
for  the  public  good. 

He  has  forbidden  his  governors  to  pass  laws  of  immediate  and  press- 
ing importance,  unless  suspended  in  their  operation  till  his  assent 
should  be  obtained ;  and,  when  so  suspended,  he  has  utterly  neglected 
to  attend  to  them. 

He  has  refused  to  pass  other  laws  for  the  accommodation  of  large 
districts  of  people,  unless  those  people  would  relinquish  the  right  of 
representation  in  the  legislature;  a  right  inestimable  to  them,  and 
formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places  unusual,  uncom- 
fortable, and  distant  from  the  depository  of  their  public  records,  for 
the  sole  purpose  of  fatiguing  them  into  compliance  with  his  measures. 

He  has  dissolved  representative  houses  repeatedly,  for  opposing,  with 
manly  firmness,  his  invasions  on  the  rights  of  the  people. 

He  has  refused,  for  a  long  time,  after  such  dissolutions,  to  cause 
others  to  be  elected ;  whereby  the  legislative  powers,  incapable  of 
annihilation,  have  returned  to  the  people  at  large  for  their  exercise ; 
the  State  remaining,  in  the  mean  time,  exposed  to  all  the  dangers  of 
invasion  from  without,  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these  States ;  for 
that  purpose,  obstructing  the  laws  for  naturalization  of  foreigners; 
refusing  to  pass  others  to  encourage  their  migration  hither,  and  raising 
the  conditions  of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice,  by  refusing  his  assent 
to  laws  for  establishing  judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone,  for  the  tenure  of 
their  offices,  and  the  amount  and  payment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hither  swarms 
of  officers  to  harass  our  people,  and  eat  out  their  substance. 

He  has  kept  among  us,  in  times  of  peace,  standing  armies,  without 
the  consent  of  our  legislature. 

He  has  affected  to  render  the  military  independent  of,  and  superior 
to,  the  civil  power. 

He  has  combined  with  others  to  subject  us  to  a  jurisdiction  foreign 
to  our  constitution,  and  unacknowledged  by  our  laws ;  giving  his  assent 
to  their  acts  of  pretended  legislation : 

For  quartering  large  bodies  of  armed  troops  among  us ; 


324  APPENDIX. 

For  protecting  them,  by  a  mock  trial,  from  punishment  for  any 
murders  which  they  should  commit  on  the  inhabitants  of  these  States : 

For  cutting  off  our  trade  with  all  parts  of  the  world : 

For  imposing  taxes  on  us  without  our  consent : 

For  depriving  us,  in  many  cases,  of  the  benefits  of  trial  by  jury : 

For  transporting  us  beyond  seas  to  be  tried  for  pretended  offences : 

For  abolishing  the  free  system  of  English  laws  in  a  neighboring 
province,  establishing  therein  an  arbitrary  government,  and  enlarging 
its  boundaries,  so  as  to  render  it  at  once  an  example  and  fit  instrument 
for  introducing  the  same  absolute  rule  into  these  colonies : 

For  taking  away  our  charters,  abolishing  our  most  valuable  laws, 
and  altering,  fundamentally,  the  forms  of  our  governments : 

For  suspending  our  own  legislatures,  and  declaring  themselves  in- 
vested with  power  to  legislate  for  us  in  all  cases  whatsoever. 

He  has  abdicated  government  here,  by  declaring  us  out  of  his  protec- 
tion and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt  our  towns,  and 
destroyed  the  lives  of  our  people. 

He  is,  at  this  time,  transporting  large  armies  of  foreign  mercenaries 
to  complete  the  works  of  death,  desolation,  and  tyranny,  already 
begun,  with  circumstances  of  cruelty  and  perfidy  scarcely  paralleled 
in  the  most  barbarous  ages,  and  totally  unworthy  the  head  of  a  civil- 
ized nation. 

He  has  constrained  our  fellow-citizens,  taken  captive  on  the  high 
seas,  to  bear  arms  against  their  country,  to  become  the  executioners 
of  their  friends  and  brethren,  or  to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections  amongst  us,  and  has  endeav- 
ored to  bring  on  the  inhabitants  of  our  frontiers  the  merciless  Indian 
savages,  whose  known  rule  of  warfare  is  an  undistinguished  destruc- 
tion of  all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions  we  have  petitioned  for  redress,  in 
the  most  humble  terms ;  our  repeated  petitions  have  been  answered 
only  by  repeated  injury.  A  prince  whose  character  is  thus  marked  by 
every  act  which  may  define  a  tyrant,  is  unfit  to  be  the  ruler  of  a  free 
people. 

Nor  have  we  been  wanting  in  attention  to  our  British  brethren.  We 
have  warned  them,  from  time  to  time,  of  attempts  by  their  legislature 
to  extend  an  unwarrantable  jurisdiction  over  us.  We  have  reminded 
them  of  the  circumstances  of  our  emigration  and  settlement  here.  We 
have  appealed  to  their  native  justice  and  magnanimity,  and  we  have 


THE  DECLARATION  OF  INDEPENDENCE.  325 

conjured  them,  by  the  ties  of  our  common  kindred,  to  disavow  these 
usurpations,  which  would  inevitably  interrupt  our  connections  and 
correspondence.  They,  too,  have  been  deaf  to  the  voice  of  justice  and 
consanguinity.  We  must,  therefore,  acquiesce  in  the  necessity  which 
denounces  our  separation,  and  hold  them,  as  we  hold  the  rest  of  man- 
kind, enemies  in  war,  in  peace  friends. 

We,  therefore,  the  representatives  of  the  United  States  of  America,  in 
general  Congress  assembled,  appealing  to  the  Supreme  Judge  of  the 
world  for  the  rectitude  of  our  intentions,  do,  in  the  name  and  by  the 
authority  of  the  good  people  of  these  colonies,  solemnly  publish  and 
declare.  That  these  United  Colonies  are,  and  of  right  ought  to  be,  free 
and  independent  States ;  that  they  are  absolved  from  all  allegiance  to 
the  British  crown,  and  that  all  political  connection  between  them  and 
the  State  of  Great  Britain  is,  and  ought  to  be,  totally  dissolved ;  and 
that,  as  free  and  independent  States,  they  have  full  power  to  levy  war, 
conclude  peace,  contract  alliances,  establish  commerce,  and  to  do  all 
other  acts  and  things  which  independent  States  may  of  right  do.  And, 
for  the  support  of  this  declaration,  with  a  firm  reliance  on  the  pro- 
tection of  Divine  Providence,  we  mutually  pledge  to  each  other  our 
lives,  our  fortunes,  and  our  sacred  honor. 

John  Hancock. 


New  Hampshire. — Josiah  Bartlett,  William  Whipple,  Matthew 
Thornton. 

Massaciiusetts  Bay. — Samuel  Adams,  John  Adams,  Rorert  Treat 
Paine,  Elbridge  Gerry. 

Rhode  Island. — Stephen  Hopkins,  William  Ellery. 

Connecticut. — Roger  Sherman,  Samuel  Huntington,  William  Wil- 
liams, Oliver  Wolcott. 

New  York. — ^William  Floyd,  Philip  Livingston,  Francis  Lewis, 
Lewis  Morris. 

"Nevr  Jersey. — Richard  Stockton,  John  Witherspoon,  Francis  Hop- 
kinson,  John  Hart,  Abraham  Clark. 

Pennsylvania. — Robert  Morris,  Benjamin  Rush,  Benjamin  Frank- 
lin, John  Morton,  George  Clymer,  James  Smith,  George  Taylor,  James 
Wilson,  George  Ross. 

Delaware. — Caesar  Rodney,  George  Read,  Thomas  McKean. 

Maryland. — Samuel  Chase,  William  Paca,  Thomas  Stone,  Charles 
Carroll  of  Carrollton. 


326  APPENDIX. 

Virginia. — George  Wythe,  Richard  Henry  Lee,  Thomas  JeffersoN; 
Benjamin  Harrison,  Thomas  Nelson,  Francis  Lightfoot  Lee,  Carter 
Braxton. 

North  Carolina. — William  Hooper,  Joseph  Hewes,  John  Penn. 

South  Carolina. — Edward  Rutledge,  Thomas  Heyward,  Thomas 
Lynch,  Arthur  Middleton. 

Georgia. — Button  Gwinnett,  Lyman  Hall,  George  Walton. 


THE  ARTICLES   OF   CONFEDERATION.  327 


THE   ARTICLES   OF   CONFEDERATION. 

Articles  of  Confederation  and  Perpetual  Union  between  the  States 
OF  New  Hampshire,  Massachusetts  Bay,  Rhode  Island  and  Provi- 
dence Plantations,  Connecticut,  New  York,  New  Jersey,  Pennsyl- 
vania, Delaware,  Maryland,  Virginia,  North  Carolina,  South 
Carolina,  and  Georgia.. 

ARTICLE   I. 

The  style  of  this  Confederacy  shall  be,  **The  United  States  of 
America. ' ' 

ARTICLE   II. 

Each  State  retains  its  sovereignty,  freedom,  and  independence,  and 
every  power,  jurisdiction,  and  right,  which  is  not  by  this  Confederation 
expressly  delegated  to  the  United  States  in  Congress  assembled. 

ARTICLE   III. 

The  said  States  hereby  severally  enter  into  a  firm  league  of  friend- 
ship with  each  other,  for  their  common  defence,  the  security  of  their 
liberties,  and  their  mutual  and  general  welfare,  binding  themselves 
to  assist  each  other  against  all  force  offered  to,  or  attacks  made  upon 
them,  or  any  of  them,  on  account  of  religion,  sovereignty,  trade,  or 
any  other  pretence  whatever. 

ARTICLE  IV. 

The  better  to  secure  and  perpetuate  mutual  friendship  and  inter- 
course among  the  people  of  the  different  States  in  this  Union,  the  free 
inhabitants  of  each  of  these  States,  paupers,  vagabonds,  and  fugitives 
from  justice  excepted,  shall  be  entitled  to  all  privileges  and  immunities 
of  free  citizens  in  the  several  States  ;  and  the  people  of  each  State 
shall  have  free  ingress  and  egress  to  and  from  any  other  State,  and 
shall  enjoy  therein  all  the  privileges  of  trade  and  commerce  subject 
to  the  same  duties,  impositions,  and  restrictions  as  the  inhabitants 
thereof  respectively ;  provided  that  such  restrictions  shall  not  extend 
so  far  as  to  prevent  the  removal  of  property  imported  into  any  State 


328  APPENDIX. 

to  any  other  State  of  which  the  owner  is  an  inhabitant;  provided  also, 
that  no  imposition,  duties,  or  restriction  shall  be  laid  by  any  State  on  the 
property  of  the  United  States  or  either  of  them.  If  any  person  guilty 
of,  or  charged  with,  treason,  felony,  or  other  high  misdemeanor  in 
any  State  shall  flee  from  justice  and  be  found  in  any  of  the  United 
States,  he  shall,  upon  demand  of  the  governor  or  executive  power  of 
the  State  from  which  he  fled,  be  delivered  up  and  removed  to  the 
State  having  jurisdiction  of  his  offence.  Full  faith  and  credit  shal) 
be  given  in  each  of  these  States  to  the  records,  acts,  and  judicial  pro- 
ceedings of  the  courts  and  magistrates  of  every  other  State. 

ARTICLE  V. 

For  the  more  convenient  management  of  the  general  interests  of 
the  United  States,  delegates  shall  be  annually  appointed  in  such 
manner  as  the  Legislature  of  each  State  shall  direct,  to  meet  in  Con- 
gress on  the  first  Monday  in  November,  in  every  year,  with  a  power 
reserved  to  each  State  to  recall  its  delegates,  or  any  of  them,  at  any 
time  within  the  year,  and  to  send  others  in  their  stead  for  the 
remainder  of  the  year.  No  State  shall  be  represented  in  Congress  by 
less  than  two,  nor  by  more  than  seven  members  ;  and  no  person  shall 
be  capable  of  being  a  delegate  for  more  than  three  years  in  any  term 
of  six  years  ;  nor  shall  any  person,  being  a  delegate,  be  capable  of 
holding  any  office  under  the  United  States  for  which  he,  or  another 
for  his  benefit,  receives  any  salary,  fees,  or  emolument  of  any  kind. 
Each  State  shall  maintain  its  own  delegates  in  any  meeting  of  the 
States  and  while  they  act  as  members  of  the  Committee  of  the  States. 
In  determining  questions  in  the  United  States  in  Congress  assembled, 
each  State  shall  have  one  vote.  Freedom  of  speech  and  debate  in 
Congress  shall  not  be  impeached  or  questioned  in  any  court  or  place 
out  of  Congress  ;  and  the  members  of  Congress  shall  be  protected  in 
their  persons  from  arrests  and  imprisonments  during  the  time  of  their 
going  to  and  from,  and  attendance  on,  Congress,  except  for  treason, 
felony,  or  breach  of  the  peace. 

ARTICLE   VI. 

No  State,  without  the  consent  of  the  United  States  in  Congress 
assembled,  shall  send  any  embassy  to,  or  receive  any  embassy  from, 


THE   ARTICLES   OF   CONFEDERATION.  329 

or  enter  into  any  conference,  agreement,  alliance,  or  treaty  with  any 
king,  prince,  or  state ;  nor  shall  any  person  holding  any  office  of 
profit  or  trust  under  the  United  States,  or  any  of  them,  accept  of  any 
present,  emolument,  office,  or  title  of  any  kind  whatever  from  any 
king,  prince,  or  foreign  state  ;  nor  shall  the  United  States  in  Con- 
gress assembled,  or  any  of  them,  grant  any  title  of  nobility. 

No  two  or  more  States  shall  enter  into  any  treaty,  confederation, 
or  alliance  whatever  between  them,  without  the  consent  of  the  United 
States  in  Congress  assembled,  specifying  accurately  the  purposes  for 
which  the  same  is  to  be  entered  into,  and  how  long  it  shall  continue. 

No  State  shall  lay  any  imposts  or  duties  which  may  interfere  with 
any  stipulations  in  treaties  entered  into  by  the  United  States  in  Con- 
gress assembled  with  any  king,  prince,  or  state,  in  pursuance  of  any 
treaties  already  proposed  by  Congress  to  the  courts  of  France  and 
Spain. 

No  vessel  of  war  shall  be  kept  up  in  time  of  peace  by  any  State, 
except  such  number  only  as  shall  be  deemed  necessary  by  the  United 
States  in  Congress  assembled  for  the  defence  of  such  State  or  its 
trade,  nor  shall  any  body  of  forces  be  kept  up  by  any  State  in  time 
of  peace,  except  such  number  only  as,  in  the  judgment  of  the  United 
States  in  Congress  assembled  shall  be  deemed  requisite  to  garrison 
the  forts  necessary  for  the  defence  of  such  State  ;  but  every  State 
shall  always  keep  up  a  well-regulated  and  disciplined  militia,  suf- 
ficiently armed  and  accoutred,  and  shall  provide  and  constantly  have 
ready  for  use  in  public  stores  a  due  number  of  field-pieces  and  tents, 
and  a  proper  quantity  of  arms,  ammunition,  and  camp  equipage. 

No  State  shall  engage  in  any  war  without  the  consent  of  the  United 
States  in  Congress  assembled,  unless  such  State  be  actually  invaded 
by  enemies,  or  shall  have  received  certain  advice  of  a  resolution  being 
formed  by  some  nation  of  Indians  to  invade  such  State,  and  the 
danger  is  so  imminent  as  not  to  admit  of  a  delay  till  the  United 
States  in  Congress  assembled  can  be  consulted  ;  nor  shall  any  State 
grant  commissions  to  any  ships  or  vessels  of  war,  nor  letters  of  marque 
or  reprisal,  except  it  be  after  a  declaration  of  war  by  the  United 
States  in  Congress  assembled,  and  then  only  against  the  kingdom  or 
state,  and  the  subjects  thereof,  against  which  war  has  been  so  declared, 
and  under  such  regulations  as  shall  be  established  by  the  United 
States  in  Congress  assembled,  unless  such  State  be  infested  by  pirates, 


330  APPENDIX. 

in  which  case  vessels  of  war  may  be  fitted  out  for  that  occasion,  and 
kept  so  long  as  the  danger  shall  continue,  or  until  the  United  States 
in  Congress  assembled  shall  determine  otherwise. 

ARTICLE  VII. 

When  land  forces  are  raised  by  any  State  for  the  common  defence, 
all  officers  of  or  under  the  rank  of  Colonel  shall  be  appointed  by  the 
Legislature  of  each  State  respectively  by  whom  such  forces  shall  be 
raised,  or  in  such  manner  as  such  State  shall  direct,  and  all  vacancies 
shall  be  filled  up  by  the  State  which  first  made  the  appointment. 

ARTICLE  VIII. 

All  charges  of  war,  and  all  other  expenses  that  shall  be  incurred 
for  the  common  defence,  or  general  welfare,  and  allowed  by  the 
United  States  in  Congress  assembled,  shall  be  defrayed  out  of  a 
common  treasury,  which  shall  be  supplied  by  the  several  States  in 
proportion  to  the  value  of  all  land  within  each  State,  granted  to,  or 
surveyed  for,  any  person,  as  such  land  and  the  buildings  and  im- 
provements thereon  shall  be  estimated,  according  to  such  mode  as 
the  United  States  in  Congress  assembled  shall,  from  time  to  time, 
direct  and  appoint.  The  taxes  for  paying  that  proportion  shall  be 
laid  and  levied  by  the  authority  and  direction  of  the  Legislatures  of 
the  several  States,  within  the  time  agreed  upon  by  the  United  States 
in  Congress  assembled. 

ARTICLE  IX. 

The  United  States  in  Congress  assembled  shall  have  the  sole  and 
exclusive  right  and  power  of  determining  on  peace  and  war,  except 
in  the  cases  mentioned  in  the  sixth  Article  ;  of  sending  and  receiving 
ambassadors  ;  entering  into  treaties  and  alliances,  provided  that  no 
treaty  of  commerce  shall  be  made,  whereby  the  legislative  power  of 
the  respective  States  shall  be  restrained  from  imposing  such  imposts 
and  duties  on  foreigners  as  their  own  people  are  subjected  to,  or  from 
prohibiting  the  exportation  or  importation  of  any  species  of  goods  or 
commodities  whatever;  of  establishing  rules  for  deciding,  in  all  cases, 
what  captures  on  land  or  water  shall  be  legal,  and  in  what  manner 
prizes  taken  by  land  or  naval  forces  in  the  service  of  the  United 
States  shall  be  divided  or  appropriated  ;  of  granting  letters  of  margue 


THE   ARTICLES   OF   CONFEDERATION.  331 

and  reprisal  in  times  of  peace;  appointing  courts  for  the  trial  of 
piracies  and  felonies  committed  on  the  high  seas  ;  and  establishing 
courts  for  receiving  and  determining  finally  appeals  in  all  cases  of 
captures  ;  provided  that  no  member  of  Congress  shall  be  appointed 
a  judge  of  any  of  the  said  courts. 

The  United  States  in  Congress  assembled  shall  also  be  the  last 
resort  on  appeal  in  all  disputes  and  differences  now  subsisting,  or 
that  hereafter  may  arise  between  two  or  more  States  concerning 
boundary,  jurisdiction,  or  any  other  cause  whatever  ;  which  authority 
shall  always  be  exercised  in  the  manner  following  :  Whenever  the 
legislative  or  executive  authority,  or  lawful  agent  of  any  State  in  con- 
troversy with  another,  shall  present  a  petition  to  Congress,  stating 
the  matter  in  question,  and  praying  for  a  hearing,  notice  thereof 
shall  be  given  by  order  of  Congress  to  the  legislative  or  executive 
authority  of  the  other  State  in  controversy,  and  a  day  assigned  for  the 
appearance  of  the  parties  by  their  lawful  agents,  who  shall  then  be 
directed  to  appoint,  by  joint  consent,  commissioners  or  judges  to 
constitute  a  court  for  hearing  and  determining  the  matter  in  question  ; 
but  if  they  cannot  agree,  Congress  shall  name  three  persons  out  of 
each  of  the  United  States,  and  from  the  list  of  such  persons  each 
party  shall  alternately  strike  out  one,  the  petitioners  beginning,  until 
the  number  shall  be  reduced  to  thirteen  ;  and  from  that  number  not 
less  than  seven  nor  more  than  nine  names,  as  Congress  shall  direct, 
shall,  in  the  presence  of  Congress,  be  drawn  out  by  lot ;  and  the  per- 
sons whose  names  shall  be  so  drawn,  or  any  five  of  them,  shall  be  com- 
missioners or  judges,  to  hear  and  finally  determine  the  controversy, 
so  always  as  a  major  part  of  the  judges  who  shall  hear  the  cause  shall 
agree  in  the  determination  ;  and  if  either  party  shall  neglect  to  attend 
at  the  day  appointed,  without  showing  reasons  which  Congress  shall 
judge  sufficient,  or  being  present,  shall  refuse  to  strike,  the  Congress 
shall  proceed  to  nominate  three  persons  out  of  each  State,  and  the 
secretary  of  Congress  shall  strike  in  behalf  of  such  party  absent  or 
refusing  ;  and  the  judgment  and  sentence  of  the  court,  to  be  appointed 
in  the  manner  before  prescribed,  shall  be  final  and  conclusive ;  and 
if  any  of  the  parties  shall  refuse  to  submit  to  the  authority  of  such 
court,  or  to  appear  or  defend  their  claim  or  cause,  the  court  shall 
nevertheless  proceed  to  pronounce  sentence  or  judgment,  which  shall 
in  like  manner  be  final  and  decisive  ;  the  judgment  or  sentence  and 


332  APPENDIX. 

other  proceedings  being  in  either  case  transmitted  to  Congress,  and 
lodged  among  the  acts  of  Congress  for  the  security  of  the  parties 
concerned  ;  provided,  that  every  commissioner,  before  he  sits  in 
judgment,  shall  take  an  oath,  to  be  administered  by  one  of  the  judges 
of  the  supreme  or  superior  court  of  the  State  where  the  cause  shall  be 
tried,  "well  and  truly  to  hear  and  determine  the  matter  in  question, 
according  to  the  best  of  his  judgment,  without  favor,  affection,  or 
hope  of  reward."  Provided,  also,  that  no  State  shall  be  deprived  of 
territory  for  the  benefit  of  the  United  States. 

All  controversies  concerning  the  private  right  of  soil  claimed  under 
different  grants  of  two  or  more  States,  whose  jurisdictions,  as  they 
may  respect  such  lands,  and  the  States  which  passed  such  grants  are 
adjusted,  the  said  grants  or  either  of  them  being  at  the  same  time 
claimed  to  have  originated  antecedent  to  such  settlement  of  juris- 
diction, shall,  on  the  petition  of  either  party  to  the  Congress  of  the 
United  States,  be  finally  determined,  as  near  as  may  be,  in  the  same 
manner  as  is  before  prescribed  for  deciding  disputes  respecting  terri- 
torial jurisdiction  between  different  States. 

The  United  States  in  Congress  assembled  shall  also  have  the  sole 
and  exclusive  right  and  power  of  regulating  the  alloy  and  value  of 
coin  struck  by  their  own  authority,  or  by  that  of  the  respective  States  ; 
fixing  the  standard  of  weights  and  measures  throughout  the  United 
States  ;  regulating  the  trade  and  managing  all  affairs  with  the  Indians, 
not  members  of  any  of  the  States  ;  provided  that  the  legislative  right 
of  any  State,  within  its  own  limits,  be  not  infringed  or  violated ; 
establishing  and  regulating  post-offices  from  one  State  to  another, 
throughout  all  the  United  States,  and  exacting  such  postage  on  the 
papers  passing  through  the  same  as  may  be  requisite  to  defray  the 
expenses  of  the  said  office  ;  appointing  all  officers  of  the  land  forces 
in  the  service  of  the  United  States,  excepting  regimental  officers  ; 
appointing  all  the  officers  of  the  naval  forces,  and  commissioning  all 
officers  whatever  in  the  service  of  the  United  States  ;  making  rules 
for  the  government  and  regulation  of  the  said  land  and  naval  forces, 
and  directing  their  operations. 

The  United  States  in  Congress  assembled  shall  have  authority  to 
appoint  a  committee,  to  sit  in  the  recess  of  Congress,  to  be  de- 
nominated *'a  Committee  of  the  States,"  and  to  consist  of  one 
delegate  from  each  State,  and  to  appoint  such  other  committees  and 


THE  ARTICLES   OF   CONFEDERATION.  333 

civil  officers  as  may  be  necessary  for  managing  the  general  affairs  of 
the  United  States  under  their  direction ;  to  appoint  one  of  their 
number  to  preside  ;  provided  that  no  person  be  allowed  to  serve  in 
the  office  of  president  more  than  one  year  in  any  term  of  three  years  ; 
to  ascertain  the  necessary  sums  of  money  to  be  raised  for  the  service 
of  the  United  States,  and  to  appropriate  and  apply  the  same  for  de- 
fraying the  public  expenses ;  to  borrow  money  or  emit  bills  on  the 
credit  of  the  United  States,  transmitting  every  half  year  to  the  re- 
spective States  an  account  of  the  sums  of  money  so  borrowed  or 
emitted ;  to  build  and  equip  a  navy  ;  to  agree  upon  the  number  of 
land  forces,  and  to  make  requisitions  from  each  State  for  its  quota,  in 
proportion  to  the  number  of  white  inhabitants  in  each  State,  which 
requisition  shall  be  binding  ;  and  thereupon  the  Legislature  of  each 
State  shall  appoint  the  regimental  officers,  raise  the  men,  and  clothe, 
arm,  and  equip  them  in  a  soldier-like  manner,  at  the  expense  of  the 
United  States  ;  and  the  officers  and  men  so  clothed,  armed,  and 
equipped  shall  march  to  the  place  appointed,  and  within  the  time 
agreed  on  by  the  United  States  in  Congress  assembled ;  but  if  the 
United  States  in  Congress  assembled  shall,  on  consideration  of 
circumstances,  judge  proper  that  any  State  should  not  raise  men,  or 
should  raise  a  smaller  number  than  its  quota,  and  that  any  other 
State  should  raise  a  greater  number  of  men  than  the  quota  thereof, 
such  extra  number  shall  be  raised,  officered,  clothed,  armed,  and 
equipped  in  the  same  manner  as  the  quota  of  such  State,  unless  the 
Legislature  of  such  State  shall  judge  that  such  extra  number  can- 
not be  safely  spared  out  of  the  same,  in  which  case  they  shall  raise, 
officer,  clothe,  arm,  and  equip  as  many  of  such  extra  number  as 
they  judge  can  be  safely  spared,  and  the  officers  and  men  so  clothed, 
armed,  and  equipped  shall  march  to  the  place  appointed,  and  within 
the  time  agreed  on  by  the  United  States  in  Congress  assembled. 

The  United  States  in  Congress  assembled  shall  never  engage  in  a 
war,  nor  grant  letters  of  marque  and  reprisal  in  time  of  peace,  nor 
enter  into  any  treaties  or  alliances,  nor  coin  money,  nor  regulate  the 
value  thereof,  nor  ascertain  the  sums  and  expenses  necessary  for  the 
defence  and  welfare  of  the  United  States,  or  any  of  them,  nor  emit 
bills,  nor  borrow  money  on  the  credit  of  the  United  States,  nor 
appropriate  money,  nor  agree  upon  the  number  of  vessels  of  war 
to  be  built  or  purchased,  or  the  number  of  land  or  sea  forces  to  be 


334  APPENDIX. 

raised,  nor  appoint  a  commander-in-chief  of  the  army  or  navy,  unless 
nine  States  assent  to  the  same,  nor  shall  a  question  on  any  other 
point,  except  for  adjourning  from  day  to  day,  be  determined,  unless 
by  the  votes  of  a  majority  of  the  United  States  in  Congress  assembled. 
The  Congress  of  the  United  States  shall  have  power  to  adjourn  to 
any  time  within  the  year,  and  to  any  place  within  the  United  States, 
so  that  no  period  of  adjournment  be  for  a  longer  duration  than  the 
space  of  six  months,  and  shall  publish  the  journal  of  their  proceed- 
ings monthly,  except  such  parts  thereof  relating  to  treaties,  alliances, 
or  military  operations  as  in  their  judgment  require  secrecy  ;  and  the 
yeas  and  nays  of  the  delegates  of  each  State,  on  any  question,  shall 
be  entered  on  the  journal  when  it  is  desired  by  any  delegate ;  and 
the  delegates  of  a  State,  or  any  of  them,  at  his  or  their  request,  shall 
be  furnished  with  a  transcript  of  the  said  journal  except  such  parts  _ 
as  are  above  excepted,  to  lay  before  the  Legislatures  of  the  several  M 
States. 

ARTICLE   X. 

The  Committee  of  the  States,  or  any  nine  of  them,  shall  be 
authorized  to  execute,  in  the  recess  of  Congress,  such  of  the  powers 
of  Congress  as  the  United  States  in  Congress  assembled,  by  the  con- 
sent of  nine  States,  shall,  from  time  to  time,  think  expedient  to  vest 
them  with  ;  provided  that  no  power  be  delegated  to  the  said  Committee, 
for  the  exercise  of  which,  by  the  Articles  of  Confederation,  the  voice 
of  nine  States  in  the  Congress  of  the  United  States  assembled  is 
requisite. 

ARTICLE   XI. 

Canada,  acceding  to  this  Confederation,  and  joining  in  the  measures 
of  the  United  States,  shall  be  admitted  into,  and  entitled  to  all  the 
advantages  of  this  Union  ;  but  no  other  colony  shall  be  admitted  into 
the  same,  unless  such  admission  be  agreed  to  by  nine  States. 

ARTICLE   XII. 

All  bills  of  credit  emitted,  moneys  borrowed,  and  debts  contracted 
by  or  under  the  authority  of  Congress,  before  the  assembling  of  the 
United  States,  in  pursuance  of  the  present  Confederation,  shall  be 
deemed  and  considered  as  a  charge  against  the  United  States,  for 


THE   ARTICLES   OF   CONFEDERATION.  335 

payment  and  satisfaction  whereof  the   said  United   States  and  the 
public  faith  are  hereby  solemnly  pledged. 

ARTICLE   XIII. 

Every  State  shall  abide  by  the  determinations  of  the  United  States 
in  Congress  assembled  on  all  questions  which  by  this  Confederation 
are  submitted  to  them.  And  the  Articles  of  this  Confederation  shall 
be  inviolably  observed  by  every  State,  and  the  Union  shall  be  per- 
petual ;  nor  shall  any  alteration  at  any  time  hereafter  be  made  in  any 
of  them,  unless  such  alteration  be  agreed  to  m  a  Congress  of  the 
United  States,  and  be  afterwards  confirmed  by  the  Legislatures  of 
every  State. 

And  whereas  it  hath  pleased  the  Great  Governor  of  the  world  to  incline 
the  hearts  of  the  Legislatures  we  respectively  represent  in  Congress 
to  approve  of,  and  to  authorize  us  to  ratify,  the  said  Articles  of  Con- 
federation and  perpetual  Union,  know  ye,  that  we,  the  undersigned 
delegates,  by  virtue  of  the  power  and  authority  to  us  given  for  that 
purpose,  do,  by  these  presents,  in  the  name  and  in  behalf  of  our 
respective  constituents,  fully  and  entirely  ratify  and  confirm  each  and 
every  of  the  said  Articles  of  Confederation  and  perpetual  Union,  and 
all  and  singular  the  matters  and  things  therein  contained.  And  we 
do  further  solemnly  plight  and  engage  the  faith  of  our  respective  con- 
stituents, that  they  shall  abide  by  the  determinations  of  the  United 
States  in  Congress  assembled  on  all  questions  which  by  the  said 
Confederation  are  submitted  to  them  ;  and  that  the  Articles  thereof 
shall  be  inviolably  observed  by  the  States  we  respectively  represent, 
and  that  the  Union  shall  be  perpetual. 

In  witness  whereof  we  have  hereunto  set  our  hands  in  Congress. 
Done  at  Philadelphia  in  the  State  of  Pennsylvania  the  ninth 
day  of  July  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  seventy-eight,  and  in  the  third  year  of  the  in- 
dependence of  America. 

On  the  part  <Sc  behalf  of  the  State  of  New  Hampshire. 

JosiAH  Bartlett,  John  Wentworth,  Junr. 

August  8,  1778. 


336  APPENDIX. 

On  the  part  and  behalf  of  the  State  of  Massachusetts  Bay. 

John  Hancock,  Francis  Dana, 

Samuel  Adams,  James  Lovell, 

Elbridge  Gerry,  Samuel  Holten. 

On  the  part  and  behalf  of  the  State  of  Bhode  Island  and  Providence 
Plantations. 

William  Ellery,  John  Collins. 

Henry  Marchant, 

On  the  part  and  behalf  of  the  State  of  Connecticut. 

Roger  Sherman,  Titus  Hosmer, 

Samuel  Huntington,  Andrew  Adams. 

Oliver  Wolcott, 

On  the  part  and  behalf  of  the  State  of  New  York. 

Jas.  Duane,  Wm.  Duer, 

Fra.  Lewis,  Gouv.  Morris. 

On  the  part  and  in  behalf  of  the  State  of  New  Jersey,  Novr.  26y  1778. 
Jno.  Witherspoon,  Nathl.  Scudder. 

On  the  part  and  behalf  of  the  State  of  Pennsylvania. 

RoBT.  Morris,  William  Clingan, 

Daniel  Roberdeau,  Joseph  Reed,  22d  July,  1778. 

JoNA.  Bayard  Smith, 

On  the  part  &  behalf  of  the  State  of  Delaware. 

Tho.  M'Kean,  Feby.  12,  1779,  Nicholas  Van  Dyke. 

John  Dickinson,  May  6th,  1779, 

On  the  part  and  behalf  of  the  State  of  Maryland. 

John  Hanson,  Daniel  Carroll, 

March  1,  1781.  Mar.  1,  1781. 


THE    ARTICLES   OF   CONFEDERATION.  337 

On  the  part  and  behalf  of  the  State  of   \Hrginia. 

Richard  Henry  Lee,  Jno.  Harvie, 

John  Ranister,  Francis  Lightfoot  Lee. 

Thomas  Adams, 

On  the  part  and  behalf  of  the  State  of  No.  Carolina, 

John  Penn,  July  21st,  1778,  Jno.  Williams. 

Corns.   Harnett, 

On  the  part  &  behalf  of  the  State  of  South  Carolina. 

Henry  Laurens,  Richd.   Hutson, 

William  Henry  Drayton,  Thos.  Hayward,  Junr. 

Jno.  Mathews, 

On  the  part  &  behalf  of  the  State  of  Georgia. 

Jno.  Walton,  24th  July,  1778,  Edwd.  Langwortht. 

Edwd.  Telfair, 


338  APPENDIX. 


THE    CONSTITUTION    OF   THE   UNITED  STATES. 

We,  the  people  of  the  United  States,  in  order  to  form  a  more  perfect 
Union,  establish  justice,  insure  domestic  tranquillity,  provide  for  the 
common  defence,  promote  the  general  welfare,  and  secure  the  blessings 
of  liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish  this 
Constitution  for  the  United  States  of  America. 

ARTICLE  I. 

Section  I.  All  legislative  powers  herein  granted  shall  be  vested  in 
a  Congress  of  the  United  States,  which  shall  consist  of  a  Senate  and 
House  of  Representatives. 

Section  II.  1.  The  House  of  Representatives  shall  be  composed  of 
members  choaen  every  second  year  by  the  people  of  the  several  States, 
and  the  electors  in  each  State  shall  have  the  qualifications  requisite 
for  electors  of  the  most  numerous  branch  of  the  State  Legislature. 

2.  No  person  shall  be  a  Representative  who  shall  not  have  attained 
to  the  age  of  twenty-five  years,  and  been  seven  years  a  citizen  of  the 
United  States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of 
that  State  in  which  he  shall  be  chosen. 

3.  Representatives  and  direct  taxes  shall  be  apportioned  among  the 
several  States  which  may  be  included  within  this  Union,  according  to 
their  respective  numbers,  which  shall  be  determined  by  adding  to  the 
whole  number  of  free  persons,  including  those  bound  to  service  for  a 
term  of  years,  and  excluding  Indians  not  taxed,  three-fifths  of  all  other 
persons.  The  actual  enumeration  shall  be  made  within  three  years 
after  the  first  meeting  of  the  Congress  of  the  United  States,  and  within 
every  subsequent  term  of  ten  years,  in  such  a  manner  as  they  shall  by 
law  direct.  The  number  of  Representatives  shall  not  exceed  one  for 
every  thirty  thousand,  but  each  State  shall  have  at  least  one  Repre- 
sentative ;  and  until  such  enumeration  shall  be  made,  the  State  of  New 
Hampshire  shall  be  entitled  to  choose  3 ;  Massachusetts,  8 ;  Rhode 
Island  and  Providence  Plantations,  1 ;  Connecticut,  6 ;  New  York,  6 ; 
New  Jersey,  4 ;  Pennsylvania,  8 ;  Delaware,  1 ;  Maryland,  6 ;  Virginia, 
10 ;  North  Carolina,  5 ;  South  Carolina,  6,  and  Georgia,  3.^ 

1  See  Article  XIV.,  Amendments. 


THE  CONSTITUTION  OF  THE  UNITED  STATES.       339 

4.  When  vacancies  happen  in  the  representation  from  any  State,  the 
executive  authority  thereof  shall  issue  writs  of  election  to  fill  such 
vacancies. 

5.  The  House  of  Representatives  shall  choose  their  Speaker  and  other 
officers ;  and  shall  have  the  sole  power  of  impeachment. 

Section  III.  1.  The  Senate  of  the  United  States  shall  be  composed 
of  two  Senators  from  each  State,  chosen  by  the  Legislature  thereof,  for 
six  years ;  and  each  Senator  shall  have  one  vote. 

2.  Immediately  after  they  shall  be  assembled  in  consequence  of  the 
first  election,  they  shall  be  divided  as  equally  as  may  be  into  three 
classes.  The  seats  of  the  Senators  of  the  first  class  shall  be  vacated  at 
the  expiration  of  the  second  year,  of  the  second  class  at  the  expiration 
of  the  fourth  year,  and  of  the  third  class  at  the  expiration  of  the  sixth 
year,  so  that  one-third  may  be  chosen  every  second  year  ;  and  if  vacan- 
cies happen  by  resignation  or  otherwise,  during  the  recess  of  the 
Legislature  of  any  State,  the  Executive  thereof  may  make  temporary 
appointments  until  the  next  meeting  of  the  Legislature,  which  shall 
then  fill  such  vacancies. 

3.  No  person  shall  be  a  Senator  who  shall  not  have  attained  to  the 
age  of  thirty  years,  and  been  nine  years  a  citizen  of  the  United  States, 
and  who  shall  not,  when  elected,  be  an  inhabitant  of  that  State  for 
which  he  shall  be  chosen. 

4.  The  Vice-President  of  the  United  States  shall  be  President  of  the 
Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

6.  The  Senate  shall  choose  their  other  officers,  and  also  a  President 
pro  tempore  in  the  absence  of  the  Vice-President,  or  when  he  shall 
exercise  the  office  of  President  of  the  United  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  impeachments. 
When  sitting  for  that  purpose  they  shall  be  on  oath  or  affirmation. 
When  the  President  of  the  United  States  is  tried  the  Chief  Justice  shall 
preside  ;  and  no  person  shall  be  convicted  without  the  concurrence  of 
two-thirds  of  the  members  present. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend  further  than 
to  removal  from  office,  and  disqualification  to  hold  and  enjoy  any  office 
of  honor,  trust,  or  profit  under  the  United  States ;  but  the  party  con- 
victed shall  nevertheless  be  liable  and  subject  to  indictment,  trial, 
judgment,  and  punishment,  according  to  law. 

Section  IV.  1.  The  times,  places,  and  manner  of  holding  elections 
for  Senators  and  Representatives  shall  be  prescribed  in  each  State  by 
the  Legislature  thereof;  but  the  Congress  may  at  any  time  by  law  make 


340  APPENDIX. 

or  alter  such  regulations,  except  as  to  the  places  of  choosing  Sen- 
ators. 

2.  The  Congress  shall  assemble  at  least  once  in  every  year,  and  such 
meeting  shall  be  on  the  first  Monday  of  December,  unless  they  shall  by 
law  appoint  a  different  day. 

Section  V.  1.  Each  House  shall  be  the  judge  of  the  elections,  re- 
turns, and  qualifications  of  its  own  members,  and  a  majority  of  each 
shall  constitute  a  quorum  to  do  business ;  but  a  smaller  number  may 
adjourn  from  day  to  day,  and  may  be  authorized  to  compel  the  attend- 
ance of  absent  members  in  such  manner  and  under  such  penalties  as 
each  House  may  provide. 

2.  Each  House  may  determine  the  rules  of  its  proceedings,  punish 
its  members  for  disorderly  behavior,  and,  with  the  concurrence  of  two- 
thirds,  expel  a  member. 

3.  Each  House  shall  keep  a  journal  of  its  proceedings,  and  from  time 
to  time  publish  the  same,  excepting  such  parts  as  may  in  their  judg- 
ment require  secrecy  ;  and  the  yeas  and  nays  of  the  members  of  either 
House  on  any  question  shall,  at  the  desire  of  one-fifth  of  those  present, 
be  entered  on  the  journal. 

4.  Neither  House,  during  the  session  of  Congress,  shall,  without  the 
consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any 
other  place  than  that  in  which  the  two  Houses  shall  be  sitting. 

Section  VI.  1.  The  Senators  and  Representatives  shall  receive  a 
compensation  for  their  services,  to  be  ascertained  by  law,  and  paid  out 
of  the  Treasury  of  the  United  States.  They  shall  in  all  cases,  except 
treason,  felony,  and  breach  of  the  peace,  be  privileged  from  arrest  dur- 
ing their  attendance  at  the  session  of  their  respective  Houses,  and  in 
going  to  and  returning  from  the  same  ;  and  for  any  speech  or  debate  in 
either  House  they  shall  not  be  questioned  in  any  other  place. 

2.  No  Senator  or  Representative  shall,  during  the  time  for  which  he 
was  elected,  be  appointed  to  any  civil  office  under  the  authority  of  the 
United  States,  which  shall  have  been  created,  or  the  emoluments 
whereof  shall  have  been  increased,  during  such  time ;  and  no  person 
holding  any  office  under  the  United  States  shall  be  a  member  of  either 
House  during  his  continuance  in  office. 

Section  VII.  1.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives ;  but  the  Senate  may  propose  or  concur  with 
amendments  as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  the  House  of  Representatives 
and  the  Senate  shall,  before  it  becomes  a  law,  be  presented  to  the  Pres- 


THE  CONSTITUTION  OF  THE  UNITED  STATES.       341 

ident  of  the  United  States ;  if  he  approve  he  shall  sign  it,  but  if  not 
he  shall  return  it,  with  his  objections,  to  that  House  in  which  it  shall 
have  originated,  who  shall  enter  the  objections  at  large  on  their  journal, 
and  proceed  to  reconsider  it.  If,  after  such  reconsideration,  two-thirds 
of  that  House  shall  agree  to  pass  the  bill,  it  shall  be  sent,  together 
with  the  objections,  to  the  other  House,  by  which  it  shall  likewise  be 
reconsidered,  and  if  approved  by  two-thirds  of  that  House  it  shall 
become  a  law.  But  in  all  such  cases  the  votes  of  both  Houses  shall 
be  determined  by  yeas  and  nays,  and  the  names  of  the  persons  voting 
for  and  against  the  bill  shall  be  entered  on  the  journal  of  each  House 
respectively.  If  any  bill  shall  not  be  returned  by  the  President  within 
ten  days  (Sundays  excepted)  after  it  shall  have  been  presented  to  him, 
the  same  shall  be  a  law,  in  like  manner  as  if  he  had  signed  it,  unless 
the  Congress  by  their  adjournment  prevent  its  return,  in  which  case  it 
shall  not  be  a  law. 

3.  Every  order,  resolution,  or  vote,  to  which  the  concurrence  of  the 
Senate  and  House  of  Representatives  may  be  necessary  (except  on  a 
question  of  adjournment),  shall  be  presented  to  the  President  of  the 
United  States ;  and  before  the  same  shall  take  effect,  shall  be  approved 
by  him,  or,  being  disapproved  by  him,  shall  be  repassed  by  two-thirds 
of  the  Senate  and  House  of  Representatives,  according  to  the  rules  and 
limitations  prescribed  in  the  case  of  a  bill. 

Section  VIII.    The  Congress  shall  have  power : 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises,  to  pay  the 
debts  and  provide  for  the  common  defence  and  general  welfare  of  the 
United  States ;  but  all  duties,  imposts,  and  excises  shall  be  uniform 
throughout  the  United  States ; 

2.  To  borrow  money  on  the  credit  of  the  United  States ; 

3.  To  regulate  commerce  with  foreign  nations,  and  among  the  sev- 
eral States,  and  with  the  Indian  tribes ; 

4.  To  establish  a  uniform  rule  of  naturalization,  and  uniform  laws 
on  the  subject  of  bankruptcies  throughout  the  United  States ; 

5.  To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin, 
and  fix  the  standard  of  weights  and  measures ; 

6.  To  provide  for  the  punishment  of  counterfeiting  the  securities 
and  current  coin  of  the  United  States ; 

7.  To  establish  post-offices  and  post-roads ; 

8.  To  promote  the  progress  of  science  and  useful  arts,  by  securing 
for  limited  times  to  authors  and  inventors  the  exclusive  rights  to  their 
respective  writings  and  discoveries  j 


342  APPENDIX. 

9.  To  constitute  tribunals  inferior  to  the  Supreme  Court ; 

10.  To  define  and  punish  piracies  and  felonies  committed  on  the  high 
seas,  and  offences  against  the  law  of  nations ; 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make 
rules  concerning  captures  on  land  and  water ; 

12.  To  raise  and  support  armies,  but  no  appropriation  of  money  to 
that  use  shall  be  for  a  longer  term  than  two  years ; 

13.  To  provide  and  maintain  a  navy  ; 

14.  To  make  rules  for  the  government  and  regulation  of  the  land 
and  naval  forces ; 

15.  To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the 
Union,  suppress  insurrections,  and  repel  invasions ; 

16.  To  provide  for  organizing,  arming,  and  disciplining  the  militia, 
and  for  governing  such  part  of  them  as  may  be  employed  in  the  service 
of  the  United  States,  reserving  to  the  States  respectively  the  appoint- 
ment of  the  officers,  and  the  authority  of  training  the  militia  according 
to  the  discipline  prescribed  by  Congress ; 

17.  To  exercise  exclusive  legislation,  in  all  cases  whatsoever,  over 
such  district  (not  exceeding  ten  miles  square)  as  may,  by  cession  of 
particular  States,  and  the  acceptance  of  Congress,  become  the  seat  of 
the  Government  of  the  United  States,  and  to  exercise  like  authority  over 
all  places  purchased  by  the  consent  of  the  Legislature  of  the  State  in 
which  the  same  shall  be,  for  the  erection  of  forts,  magazines,  arsenals, 
dock -yards,  and  other  needful  buildings  ;  and 

18.  To  make  all  laws  which  shall  be  necessary  and  proper  for  carry- 
ing into  execution  the  foregoing  powers,  and  all  other  powers  vested 
by  this  Constitution  in  the  Government  of  the  United  States,  or  in  any 
department  or  officer  thereof. 

Section  IX.  1.  The  migration  or  importation  of  such  persons  as  any 
of  the  States  now  existing  shall  think  proper  to  admit,  shall  not  be  pro- 
hibited by  the  Congress  prior  to  the  year  one  thousand  eight  hundred 
and  eight,  but  a  tax  or  duty  may  be  imposed  on  such  importation,  not 
exceeding  ten  dollars  for  each  person. 

2.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when  in  cases  of  rebellion  or  invasion  the  public  safety  may 
require  it. 

3.  No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

4.  No  capitation  or  other  direct  tax  shall  be  laid,  unless  in  propor- 
tion to  the  census  or  enumeration  hereinbefore  directed  to  be  taken. 

5.  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  State. 


THE  CONSTITUTION  OF  THE  UNITED  STATES.        343 

6.  No  preference  shall  be  given  by  any  regulation  of  commerce  or 
revenue  to  the  ports  of  one  State  over  those  of  another ;  nor  shall  ves- 
sels bound  to  or  from  one  State  be  obliged  to  enter,  clear,  or  pay  duties 
in  another. 

7.  No  money  shall  be  drawn  from  the  Treasury  but  in  consequence 
of  appropriations  made  by  law ;  and  a  regular  statement  and  account 
of  the  receipts  and  expenditures  of  all  public  money  shall  be  published 
from  time  to  time. 

8.  No  title  of  nobility  shall  be  granted  by  the  United  States ;  and  no 
person  holding  any  office  of  profit  or  trust  under  them  shall,  without 
the  consent  of  the  Congress,  accept  of  any  present,  emolument,  office, 
or  title  of  any  kind  whatever,  from  any  king,  prince,  or  foreign  state. 

Section  X.  1.  No  State  shall  enter  into  any  treaty,  alliance,  or  con- 
federation; grant  letters  of  marque  and  reprisal;  coin  money;  emit 
bills  of  credit ;  make  anything  but  gold  and  silver  coin  a  tender  in 
payment  of  debts ;  pass  any  bill  of  attainder,  ex  post  facto  law,  or  law 
impairing  the  obligation  of  contracts,  or  grant  any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress,  lay  any  im- 
post or  duties  on  imports  or  exports,  except  what  may  be  absolutely 
necessary  for  executing  its  inspection  laws ;  and  the  net  produce  of  all 
duties  and  imposts,  laid  by  any  State  on  imports  or  exports,  shall  be 
for  the  use  of  the  Treasury  of  the  United  States ;  and  all  such  laws 
shall  be  subject  to  the  revision  and  control  of  the  Congress. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay  any  duty  of 
tonnage,  keep  troops  or  ships  of  war  in  time  of  peace,  enter  into  any 
agreement  or  compact  with  another  State,  or  with  a  foreign  power,  or 
engage  in  war,  unless  actually  invaded,  or  in  such  imminent  danger  as 
will  not  admit  of  delay. 

ARTICLE  II. 

Section  I.  1.  The  executive  power  shall  be  vested  in  a  President  of 
the  United  States  of  America.  He  shall  hold  his  office  during  the  term 
of  four  years,  and,  together  with  the  Vice-President,  chosen  for  the 
same  term,  be  elected  as  follows : 

2.  Each  State  shall  appoint,  in  such  manner  as  the  Legislature  thereof 
may  direct,  a  number  of  electors,  equal  to  the  whole  number  of  Sena- 
tors and  Representatives  to  which  the  State  may  be  entitled  in  the 
Congress ;  but  no  Senator  or  Representative,  or  person  holding  an 
office  of  trust  or  profit  under  the  United  States,  shall  be  appointed  an 
elector. 


344  APPENDIX. 

3.  [The  electors  shall  meet  in  their  respective  States,  and  vote  by 
ballot  for  two  persons,  of  whom  one  at  least  shall  not  be  an  inhabitant 
of  the  same  State  with  themselves.  And  they  shall  make  a  list  of  all 
the  persons  voted  for,  and  of  the  number  of  votes  for  each,  which  list 
they  shall  sign  and  certify,  and  transmit  sealed  to  the  seat  of  the  Gov- 
ernment of  the  United  States,  directed  to  the  President  of  the  Senate. 
The  President  of  the  Senate  shall,  in  the  presence  of  the  Senate  and 
House  of  Representatives,  open  all  the  certificates,  and  the  votes  shall 
then  be  counted.  The  person  having  the  greatest  number  of  votes 
shall  be  the  President,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed;  and  if  there  be  more  than  one  who 
have  such  majority,  and  have  an  equal  number  of  votes,  then  the 
House  of  Representatives  shall  immediately  choose  by  ballot  one  of 
them  for  President ;  and  if  no  person  have  a  majority,  then  from  the 
five  highest  on  the  list  the  said  House  shall  in  like  manner  choose  the 
President.  But  in  choosing  the  President,  the  votes  shall  be  taken  by 
States,  the  representation  from  each  State  having  one  vote ;  a  quorum 
for  this  purpose  shall  consist  of  a  member  or  members  from  two-thirds 
of  the  States,  and  a  majority  of  all  the  States  shall  be  necessary  to  a 
choice.  In  every  case,  after  the  choice  of  the  President,  the  person 
having  the  greatest  number  of  votes  of  the  electors  shall  be  the  Vice^ 
President.  But  if  there  should  remain  two  or  more  who  have  equal 
votes,  the  Senate  shall  choose  from  them  by  ballot  the  Vice-President.]  * 

4.  The  Congress  may  determine  the  time  of  choosing  the  electors, 
and  the  day  on  which  they  shall  give  their  votes ;  which  day  shall  be 
the  same  throughout  the  United  States. 

5.  No  person  except  a  natural-born  citizen,  or  a  citizen  of  the  United 
States  at  the  time  of  the  adoption  of  this  Constitution,  shall  be  eligible 
to  the  office  of  President ;  neither  shall  any  person  be  eligible  to  that 
office  who  shall  not  have  attained  to  the  age  of  thirty-five  years,  and 
been  fourteen  years  a  resident  within  the  United  States. 

6.  In  case  of  the  removal  of  the  President  from  office,  or  of  his 
death,  resignation,  or  inability  to  discharge  the  powers  and  duties  of 
the  said  office,  the  same  shall  devolve  on  the  Vice-President,  and  the 
Congress  may  by  law  provide  for  the  case  of  removal,  death,  resigna- 
tion, or  inability,  both  of  the  President  and  Vice-President,  declaring 
what  officer  shall  then  act  as  President,  and  such  officer  shall  act  accord- 
ingly, until  the  disability  be  removed,  or  a  President  shall  be  elected. 

I  This  clause  is  superseded  by  Article  XII.,  Amendments. 


THE  CONSTITUTION  OP  THE  UNITED  STATES.       345 

7.  The  President  shall,  at  stated  times,  receive  for  his  services  a 
compensation,  which  shall  neither  be  increased  nor  diminished  during 
the  period  for  which  he  shall  have  been  electeS,  and  he  shall  not 
receive  within  that  period  any  other  emolument  from  the  United 
States,  or  any  of  them. 

8.  Before  he  enter  on  the  execution  of  his  office  he  shall  take  the 
following  oath  or  affirmation :  *'  I  do  solemnly  swear  (or  affirm)  that  I 
will  faithfully  execute  the  office  of  President  of  the  United  States,  and 
will,  to  the  best  of  my  ability,  preserve,  protect,  and  defend  the  Con- 
stitution of  the  United  States." 

Section  II.  1.  The  President  shall  be  Commander-in-Chief  of  the 
Army  and  Navy  of  the  United  States,  and  of  the  militia  of  the  several 
States,  when  called  into  the  actual  service  of  the  United  States ;  he 
may  require  the  opinion,  in  writing,  of  the  principal  officer  in  each  of 
the  executive  departments,  upon  any  subject  relating  to  the  duties  of 
their  respective  offices,  and  he  shall  have  power  to  grant  reprieves 
and  pardons  for  offences  against  the  United  States,  except  in  cases 
of  impeachment. 

2.  He  shall  have  power,  by  and  with  the  advice  and  consent  of  the 
Senate,  to  make  treaties,  provided  two-thirds  of  the  Senators  present 
concur;  and  he  shall  nominate,  and,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  shall  appoint  ambassadors,  other  public  ministers 
and  consuls,  judges  of  the  Supreme  Court,  and  all  other  officers  of  the 
United  States  whose  appointments  are  not  herein  otherwise  provided 
for,  and  which  shall  be  established  by  law ;  but  the  Congress  may  by 
law  vest  the  appointment  of  such  inferior  officers  as  they  think  proper 
in  the  President  alone,  in  the  courts  of  law,  or  in  the  heads  of  depart- 
ments. 

3.  The  President  shall  have  power  to  fill  up  all  vacancies  that  may 
happen  during  the  recess  of  the  Senate,  by  granting  commissions 
which  shall  expire  at  the  end  of  their  next  session. 

Section  III.  He  shall  from  time  to  time  give  to  the  Congress  infor- 
mation of  the  state  of  the  Union,  and  recommend  to  their  consideration 
such  measures  as  he  shall  judge  necessary  and  expedient;  he  may, on 
extraordinary  occasions,  convene  both  Houses,  or  either  of  them,  and, 
in  case  of  disagreement  between  them  with  respect  to  the  time  of  ad- 
journment, he  may  adjourn  them  to  such  time  as  he  shall  think  proper ; 
he  shall  receive  ambassadors  and  other  public  ministers ;  he  shall  take 
care  that  the  laws  be  faithfully  executed,  and  shall  commission  all  the 
officers  of  the  United  States. 


346  APPENDIX. 

Section  IV.  The  President,  Vice-President,  and  all  civil  officers  of 
the  United  States,  stall  be  removed  from  office  on  impeachment  for, 
and  conviction  of,  treason,  bribery,  or  other  high  crimes  and  misde- 
meanors. 

ARTICLE  III. 

Section  I.  The  judicial  power  of  the  United  States  shall  be  vested 
in  one  Supreme  Court,  and  in  such  inferior  courts  as  the  Congress 
may  from  time  to  time  ordain  and  establish.  The  judges,  both  of 
the  Supreme  and  inferior  courts,  shall  hold  their  offices  during  good 
behavior,  and  shall,  at  stated  times,  receive  for  their  services  a  com- 
pensation, which  shall  not  be  diminished  during  their  continuance  in 
office. 

Section  II.  1.  The  judicial  power  shall  extend  to  all  cases  in  law 
and  equity  arising  under  this  Constitution,  the  laws  of  the  United  States, 
and  treaties  made,  or  which  shall  be  made,  under  their  authority ;  to 
all  cases  affecting  ambassadors,  other  public  ministers,  and  consuls ; 
to  all  cases  of  admiralty  and  maritime  jurisdiction ;  to  controversies 
to  which  the  United  States  shall  be  a  party ;  to  controversies  be- 
tween two  or  more  States ;  between  a  State  and  citizens  of  another 
State ;  between  citizens  of  different  States ;  between  citizens  of  the 
same  State  claiming  lands  under  grants  of  different  States,  and  be- 
tween a  State,  or  the  citizens  thereof,  and  foreign  States,  citizens,  or 
subjects. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers,  and 
consuls,  and  those  in  which  a  State  shall  be  party,  the  Supreme  Court 
shall  have  original  jurisdiction.  In  all  the  other  cases  before  men- 
tioned the  Supreme  Court  shall  have  appellate  jurisdiction,  both  as  to 
law  and  fact,  with  such  exceptions,  and  under  such  regulations,  as  the 
Congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be 
by  jury;  and  such  trial  shall  be  held  in  the  State  where  the  said 
crimes  shall  have  been  committed ;  but  when  not  committed  within 
any  State,  the  trial  shall  be  at  such  place  or  places  as  the  Congress  may 
by  law  have  directed. 

Section  III.  1,  Treason  against  the  United  States  shall  consist  only 
in  levying  war  against  them,  or  in  adhering  to  their  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of  treason  unless 
on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or  on  confes- 
sion in  open  court. 


THE  CONSTITUTION  OF  THE  UNITED  STATES.       347 

2.  The  Congress  shall  have  power  to  declare  the  punishment  of  trea- 
son, but  no  attainder  of  treason  shall  work  corruption  of  blood,  or  for- 
feiture, except  during  the  life  of  the  person  attainted. 

ARTICLE  IV. 

Section  I.  Full  faith  and  credit  shall  be  given  in  each  State  to  the 
public  acts,  records,  and  judicial  proceedings  of  every  other  State. 
And  the  Congress  may  by  general  laws  prescribe  the  manner  in  which 
such  acts,  records,  and  proceedings  shall  be  proved,  and  the  effect 
thereof. 

Section  II.  1.  The  citizens  of  each  State  shall  be  entitled  to  all 
privileges  and  immunities  of  citizens  in  the  several  States. 

2.  A  person  charged  in  any  State  with  treason,  felony,  or  other 
crime,  who  shall  flee  from  justice,  and  be  found  in  another  State, 
shall,  on  demand  of  the  executive  authority  of  the  State  from  which 
he  fled,  be  delivered  up  to  be  removed  to  the  State  having  jurisdiction 
of  the  crime. 

3.  No  person  held  to  service  or  labor  in  one  State,  under  the  laws 
thereof,  escaping  into  another,  shall,  in  consequence  of  any  law  or  reg- 
ulation therein,  be  discharged  from  such  service  or  labor,  but  shall  be 
delivered  up  on  claim  of  the  party  to  whom  such  service  or  labor  may 
be  due. 

Section  III.  1.  New  States  may  be  admitted  by  the  Congress  into 
this  Union ;  but  no  new  State  shall  be  formed  or  erected  within  the 
jurisdiction  of  any  other  State,  nor  any  State  be  formed  by  the  junc- 
tion of  two  or  more  States,  or  parts  of  States,  without  the  consent  of 
the  Legislatures  of  the  States  concerned,  as  well  as  of  the  Con- 
gress. 

2.  The  Congress  shall  have  power  to  dispose  of  and  make  all  need- 
ful rules  and  regulations  respecting  the  territory  or  other  property  be- 
longing to  the  United  States ;  and  nothing  in  this  Constitution  shall  be 
so  construed  as  to  prejudice  any  claims  of  the  United  States,  or  of  any 
particular  State. 

Section  IV.  The  United  States  shall  guarantee  to  every  State  in  this 
Union  a  republican  form  of  government,  and  shall  protect  each  of 
them  against  invasion ;  and,  on  application  of  the  Legislature,  or  of 
the  Executive  (when  the  Legislature  cannot  be  convened),  against 
domestic  violence. 


348  APPENDIX. 


ARTICLE  V. 


The  Congress,  whenever  two-thirds  of  both  Houses  shall  deem  it 
necessary,  shall  propose  amendments  to  this  Constitution,  or,  on  the 
application  of  the  Legislatures  of  two-thirds  of  the  several  States, 
shall  call  a  convention  for  proposing  amendments,  which,  in  either 
case,  shall  be  valid  to  all  intents  and  purposes,  as  part  of  this  Con- 
stitution, when  ratified  by  the  Legislatures  of  three-fourths  of  the 
several  States,  or  by  conventions  in  three-fourths  thereof,  as  the  one 
or  the  other  mode  of  ratification  may  be  proposed  by  the  Congress : 
Provided,  that  no  amendment  which  may  be  made  prior  to  the  year 
one  thousand  eight  hundred  and  eight  shall  in  any  manner  affect 
the  first  and  fourth  clauses  of  the  ninth  section  of  the  first  article ; 
and  that  no  State,  without  its  consent,  shall  be  deprived  of  its  equal 
suffrage  in  the  Senate. 

ARTICLE  VI. 

1.  All  debts  contracted  and  engagements  entered  into  before  the 
adoption  of  this  Constitution  shall  be  as  valid  against  the  United  States 
under  this  Constitution  as  under  the  Confederation. 

2.  This  Constitution,  and  the  laws  of  the  United  States  which  shall 
be  made  in  pursuance  thereof,  and  all  treaties  made,  or  which  shall  be 
made,  under  the  authority  of  the  United  States,  shall  be  the  supreme 
law  of  the  land  ;  and  the  judges  in  every  State  shall  be  bound  thereby, 
anything  in  the  Constitution  or  laws  of  any  State  to  the  contrary  not- 
withstanding. 

3.  The  Senators  and  Representatives  before  mentioned,  and  the 
members  of  the  several  State  Legislatures,  and  all  executive  and  judi- 
cial officers,  both  of  the  United  States  and  of  the  several  States,  shall 
be  bound  by  oath  or  affirmation  to  support  this  Constitution ;  but  no 
religious  test  shall  ever  be  required  as  a  qualification  to  any  office  or 
public  trust  under  the  United  States. 

ARTICLE  VII. 

The  ratification  of  the  Conventions  of  nine  States  shall  be  sufficient 
for  the  establishment  of  this  Constitution  between  the  States  so  ratify- 
ing the  same. 

Done  in  Convention,  by  the  unanimous  consent  of  the  States  present, 
the  seventeenth  day  of  September,  in  the  year  of  our  Lord  one  thou- 


THE  CONSTITUTION  OF  THE  UNITED  STATES.       349 


sand  seven  hundred  and  eighty-seven,  and  of  the  Independence  of  the 
United  States  of  America  the  twelfth.  In  witness  whereof,  we  have 
hereunto  subscribed  our  names. 

George  Washington, 
PresiderUf  and  Deputy  from  Virginia. 


NEW  HAMPSHIRE. 

John  Langdon, 
Nicholas  Gilman. 

MASSACHUSETTS. 

Nathaniel  Gorham, 
Rufus  King. 

CONNECTICUT. 

William  Samuel  Johnson, 
Roger  Sherman. 

NEW  YORK. 

Alexander  Hamilton. 

NEW  JERSEY. 

William  Livingston, 
David  Brearley, 
William  Paterson, 
Jonathan  Dayton. 

PENNSYLVANIA. 

Benjamin  Franklin, 
Thomas  Mifflin, 
Robert  Morris, 
George  Clymer, 
Thomas  Fitzsimons, 
Jared  IngersoU, 
James  Wilson, 
Gouverneur  Morris. 


DELAWARE. 

George  Reed, 
Gunning  Bedford, 
John  Dickinson, 
Richard  Bassett, 
Jacob  Broom. 

MARYLAND. 

James  McHenry, 

Daniel  of  St.  Thomas  Jenifer, 

Daniel  Carroll. 

VIRGINIA. 

John  Blair, 
James  Madison. 

NORTH   CAROLINA. 

William  Blount, 
Richard  Dobbs  Spaight, 
Hugh  Williamson. 

SOUTH   CAROLINA. 

John  Rutledge, 
Charles  C.  Pinckney, 
Charles  Pinckney, 
Pierce  Butler. 

GEORGIA. 

William  Few, 
Abraham  Baldwin. 


Attest :       William  Jackson,  Secretary, 


350  APPENDIX. 


AMENDMENTS  TO  THE  CONSTITUTION. 

ARTICLE  I. 

Congress  shall  make  no  law  respecting  an  establishment  of  religion, 
or  prohibiting  the  free  exercise  thereof;  or  abridging  the  freedom  of 
speech  or  of  the  press ;  or  the  right  of  the  people  peaceably  to  assem- 
ble, and  to  petition  the  government  for  a  redress  of  grievances. 

ARTICLE  II. 

A  well-regulated  militia  being  necessary  to  the  security  of  a  free 
State,  the  right  of  the  people  to  keep  and  bear  arms  shall  not  be 
infringed. 

ARTICLE  III. 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house,  without 
the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a  manner  to  be 
prescribed  by  law. 

ARTICLE  IV. 

The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers, 
and  effects,  against  unreasonable  searches  and  seizures,  shall  not  be 
violated,  and  no  warrants  shall  issue  but  upon  probable  cause,  sup- 
ported by  oath  or  affirmation,  and  particularly  describing  the  place  to 
be  searched,  and  the  persons  or  things  to  be  seized. 

ARTICLE  V. 

*  No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  infamous 
crime,  unless  on  a  presentment  or  indictment  of  a  grand  jury,  except 
in  cases  arising  in  the  land  or  naval  forces,  or  in  the  militia,  when  in 
actual  service  in  time  of  war  or  public  danger ;  nor  shall  any  person 
be  subject  for  the  same  offence  to  be  twice  put  in  jeopardy  of  life  or 
limb ;  nor  shall  be  compelled  in  any  criminal  case  to  be  a  witness 
against  himself,  nor  be  deprived  of  life,  liberty,  or  property,  without 
due  process  of  law ;  nor  shall  private  property  be  taken  for  public  use 
without  just  compensation. 


AMENDMENTS  TO  THE  CONSTITUTION.  351 

ARTICLE  VI. 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to  a 
speedy  and  public  trial,  by  an  impartial  jury  of  the  State  and  district 
wherein  the  crime  shall  have  been  committed,  which  district  shall 
have  been  previously  ascertained  by  law,  and  to  be  informed  of  the 
nature  and  cause  of  the  accusation ;  to  be  confronted  with  the  witnesses 
,  against  him ;  to  have  compulsory  process  for  obtaining  witnesses  in  his 
favor,  and  to  have  the  assistance  of  counsel  for  his  defence. 

ARTICLE  VII. 

In  suits  at  common  law,  where  the  value  in  controversy  shall  exceed 
twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved,  and  no  fact 
tried  by  a  jury  shall  be  otherwise  re-examined  in  any  court  of  the 
United  States,  than  according  to  the  rules  of  the  common  law. 

ARTICLE  VIII. 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor 
cruel  and  unusual  punishments  inflicted. 

ARTICLE  IX. 

The  enumeration  in  the  Constitution  of  certain  rights  shall  not  be 
construed  to  deny  or  disparage  others  retained  by  the  people. 

ARTICLE  X. 

The  powers  not  delegated  to  the  United  States  by  the  Constitution, 
nor  prohibited  by  it  to  the  States,  are  reserved  to  the  States  respec- 
tively, or  to  the  people. 

ARTICLE  XI. 

The  judicial  power  of  the  United  States  shall  not  be  construed  to 
extend  to  any  suit  in  law  or  equity,  commenced  or  prosecuted  against 
one  of  the  United  States  by  citizens  of  another  State,  or  by  citizens  or 
subjects  of  any  foreign  State. 

ARTICLE  XII. 

The  electors  shall  meet  in  their  respective  States,  and  vote  by  ballot 
for  President  and  Vice-President,  one  of  whom,  at  least,  shall  not  be 
an  inhabitant  of  the  same  State  with  themselves  j  they  shall  name  in 


352  APPENDIX. 

their  ballots  the  person  voted  for  as  President,  and  in  distinct  ballots 
the  person  voted  for  as  Vice-President ;  and  they  shall  make  distinct 
lists  of  all  persons  voted  for  as  President  and  of  all  persons  voted  for 
as  Vice-President,  and  of  the  number  of  votes  for  each,  which  list  they 
shall  sign  and  certify,  and  transmit  sealed  to  the  seat  of  the  Govern- 
ment of  the  United  States,  directed  to  the  President  of  the  Senate.  The 
President  of  the  Senate  shall,  in  the  presence  of  the  Senate  and  House 
of  Representatives,  open  all  the  certificates,  and  the  votes  shall  then 
be  counted ;  the  person  having  the  greatest  number  of  votes  for  Presi- 
dent shall  be  the  President,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed ;  and  if  no  person  have  such  majority, 
then  from  the  persons  having  the  highest  numbers,  not  exceeding 
three  on  the  list  of  those  voted  for  as  President,  the  House  of  Repre- 
sentatives shall  choose  immediately,  by  ballot,  the  President.  But  in 
choosing  the  President,  the  votes  shall  be  taken  by  States,  the  repre- 
sentation from  each  State  having  one  vote ;  a  quorum  for  this  purpose 
shall  consist  of  a  member  or  members  from  two-thirds  of  the  States, 
and  a  majority  of  all  the  States  shall  be  necessary  to  a  choice.  And 
if  the  House  of  Representatives  shall  not  choose  a  President,  whenever 
the  right  of  choice  shall  devolve  upon  them,  before  the  fourth  day  of 
March  next  following,  then  the  Vice-President  shall  act  as  President, 
as  in  the  case  of  the  death  or  other  constitutional  disability  of  the 
President.  The  person  having  the  greatest  number  of  votes  as  Vice- 
President  shall  be  the  Vice-President,  if  such  number  be  a  majority  of 
the  whole  number  of  electors  appointed ;  and  if  no  person  have  a  ma- 
jority, then  from  the  two  highest  numbers  on  the  list  the  Senate  shall 
choose  the  Vice-President ;  a  quorum  for  the  purpose  shall  consist  of 
two-thirds  of  the  whole  number  of  Senators,  and  a  majority  of  the 
whole  number  shall  be  necessary  to  a  choice.  But  no  person  consti- 
tutionally ineligible  to  the  office  of  President  shall  be  eligible  to  that 
of  Vice-President  of  the  United  States. 

ARTICLE  XIII. 

1.  Neither  slavery  nor  involuntary  servitude,  except  as  a  punish- 
ment for  crime,  whereof  the  party  shall  have  been  duly  convicted,  shall 
exist  within  the  United  States,  or  any  place  subject  to  their  jurisdic- 
tion. 

2.  Congress  shall  have  power  to  enforce  this  article  by  appropriate 
legislation. 


AMENDMENTS  TO  THE  CONSTITUTION.  353 

ARTICLE  XIV. 

1.  All  persons  born  or  naturalized  in  the  United  States,  and  subject 
to  the  jurisdiction  thereof,  are  citizens  of  the  United  States  and  of  the 
State  wherein  they  reside.  lio-S^e  shall  make  or  enforce  any  law 
which  shall  abridge  the  privileges  or  immunities  of  citizens  of  the 
United  States ;  nor  shall  any  State  deprive  any  person  of  life,  liberty, 
or  property,  without  due  process  of  law,  nor  deny  to  any  person  within 
its  jurisdiction  the  equal  protection  of  the  laws. 

2.  Representatives  shall  be  apportioned  among  the  several  States 
according  to  their  respective  numbers,  counting  the  whole  number  of 
persons  in  each  State,  excluding  Indians  not  taxed.  But  when  the 
right  to  vote  at  any  election  for  the  choice  of  electors  for  President  and 
Vice-President  of  the  United  States,  Representatives  in  Congress,  the 
executive  and  judicial  officers  of  a  State,  or  the  members  of  the  Legis- 
lature thereof,  is  denied  to  any  of  the  male  inhabitants  of  such  State, 
being  twenty-one  years  of  age,  and  citizens  of  the  United  States,  or 
in  any  way  abridged,  except  for  participation  in  rebellion,  or  other 
crime,  the  basis  of  representation  therein  shall  be  reduced  in  the  propor- 
tion which  the  number  of  such  male  citizens  shall  bear  to  the  whole 
number  of  male  citizens  twenty-one  years  of  age  in  such  State. 

3.  No  person  shall  be  a  Senator  or  Representative  in  Congress,  or 
elector  of  President  and  Vice-President,  or  hold  any  office,  civil  or 
military,  under  the  United  States,  or  under  any  State,  who,  having 
previously  taken  an  oath  as  a  member  of  Congress,  or  as  an  officer  of 
the  United  States,  or  as  a  member  of  any  State  Legislature,  or  as  an 
executive  or  judicial  officer  of  any  State,  to  support  the  Constitution  of 
the  United  States,  shall  have  engaged  in  insurrection  or  rebellion  against 
the  same,  or  given  aid  and  comfort  to  the  enemies  thereof.  But  Con- 
gress may,  by  a  vote  of  two-thirds  of  each  House,  remove  such  disability. 

4.  The  validity  of  the  public  debt  of  the  United  States,  authorized  by 
law,  including  debts  incurred  for  payment  of  pensions  and  bounties  for 
services  in  suppressing  insurrection  or  rebellion,  shall  not  be  ques» 
tioned.  But  neither  the  United  States  nor  any  State  shall  assume  or 
pay  any  debt  or  obligation  incurred  in  aid  of  insurrection  or  rebellion 
against  the  United  States,  or  any  claim  for  the  loss  or  emancipation  of 
any  slave ;  but  all  such  debts,  obligations,  and  claims  shall  be  held 
illegal  and  void. 

5.  The  Congress  shall  have  power  to  enforce,  by  appropriate  legisla- 
tion, the  provisions  of  this  article. 

23 


354  APPENDIX. 

ARTICLE  XV. 

1.  The  right  of  citizens  of  the  United  States  to  vote  shall  not  be  denied 
or  abridged  by  the  United  States  or  by  any  State  on  account  of  race, 
color,  or  previous  condition  of  servitude. 

2.  The  Congress  shall  have  power  to  enforce  the  provisions  of  this 
article  by  appropriate  legislation. 

RATIFICATION  OF  THE  CONSTITUTION. 

The  Constitution  was  ratified  by  the  thirteen  original  States  in  the 
following  order : 

Delaware,  December  7,  1787;  Pennsylvania,  December  12,  1787; 
New  Jersey,  December  18, 1787 ;  Georgia,  January  2, 1788 ;  Connecticut, 
January  9,  1788 ;  Massachusetts,  February  6, 1788  ;  Maryland,  April  28, 
1788  ;  South  Carolina,  May  23,  1788 ;  New  Hampshire,  June  21, 1788 ; 
Virginia,  June  25,  1788 ;  New  York,  July  26,  1788 ;  North  Carolina,  No- 
vember 21,  1789 ;  Rhode  Island,  May  29,  1790. 

RATIFICATION  OF  THE  AMENDMENTS. 

I.  to  X.  inclusive  were  declared  in  force  December  15, 1791 ;  XL  was 
declared  in  force  January  8,  1798 ;  XII.  was  declared  in  force  Septem- 
ber 25,  1804 ;  XIII.  was  proclaimed  December  18,  1865 ;  XIV.  was  pro- 
claimed July  28,  1868  j  XV.  was  proclaimed  March  30,  1870. 


THE   EMANCIPATION   PROCLAMATION.  355 


THE    EMANCIPATION    PROCLAMATION. 

Whereas,  On  the  twenty-second  day  of  September,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty-two,  a  proclamation 
was  issued  by  the  President  of  the  United  States,  containing  among 
other  things  the  following,  to  wit : 

"That  on  the  first  day  of  January,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-three,  all  persons  held  as  slaves  within  any 
State  or  designated  part  of  a  State,  the  people  whereof  shall  then  be 
in  rebellion  against  the  United  States,  shall  be  then,  thenceforward, 
and  forever  free  ;  and  the  executive  government  of  the  United  States, 
including  the  military  and  naval  authority  thereof,  will  recognize  and 
maintain  the  freedom  of  such  persons,  and  will  do  no  act  or  acts  to 
repress  such  persons,  or  any  of  them,  in  any  efforts  they  may  make 
for  their  actual  freedom. 

* '  That  the  Executive  will,  on  the  first  day  of  January  aforesaid,  by 
proclamation,  designate  the  States  and  parts  of  States,  if  any,  in 
which  the  people  thereof,  respectively,  shall  then  be  in  rebellion 
against  the  United  States  ;  and  the  fact  that  any  State,  or  the  people 
thereof,  shall  on  that  day  be  in  good  faith  represented  in  the  Congress 
of  the  United  States,  by  members  chosen  thereto  at  elections  wherein 
a  majority  of  the  qualified  voters  of  such  State  shall  have  participated, 
shall,  in  the  absence  of  strong  countervailing  testimony,  be  deemed 
conclusive  evidence  that  such  State,  and  the  people  thereof,  are  not 
then  in  rebellion  against  the  United  States." 

Now,  therefore,  I,  Abraham  Lincoln,  President  of  the  United  States, 
by  virtue  of  the  power  in  me  vested  as  commander-in-chief  of  the 
army  and  navy  of  the  United  States,  in  time  of  actual  armed  rebellion 
against  the  authority  and  government  of  the  United  States,  and  as  a 
fit  and  necessary  war  measure  for  suppressing  said  rebellion,  do,  on 
this  first  day  of  January,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty-three,  and  in  accordance  with  my  purpose  so  to  do, 
publicly  proclaimed  for  the  full  period  of  one  hundred  days  from  the 
day  first  above  mentioned,  order  and  designate  as  the  States  and  parts 
of  States  wherein  the  people  thereof,  respectively,  are  this  day  in 
rebellion  against  the  United  States,  the  following,  to  wit : 


356  APPENDIX. 

Arkansas,  Texas,  Louisiana  (except  the  Parishes  of  St.  Bernard, 
Plaquemines,  Jefferson,  St.  John,  St.  Charles,  St.  James,  Ascension, 
Assumption,  Terre  Bonne,  Lafourche,  St.  Mary's,  St.  Martin,  and 
Orleans,  including  the  city  of  New  Orleans),  Mississippi,  Alabama, 
Florida,  Georgia,  South  Carolina,  North  Carolina,  and  Virginia  (ex- 
cept the  forty-eight  counties  designated  as  West  Virginia,  and  also  the 
counties  of  Berkeley,  Accomac,  Northampton,  Elizabeth  City,  York, 
Princess  Anne,  and  Norfolk,  including  the  cities  of  Norfolk  and  Ports- 
mouth) ;  and  which  excepted  parts  are,  for  the  present,  left  precisely 
as  if  this  proclamation  were  not  issued. 

And  by  virtue  of  the  power,  and  for  the  purpose  aforesaid,  I  do 
order  and  declare  that  all  persons  held  as  slaves  within  said  designated 
States,  and  parts  of  States,  are  and  henceforward  shall  be  free,  and  the 
executive  government  of  the  United  States,  including  the  military 
and  naval  authorities  thereof,  will  recognize  and  maintain  the  freedom 
of  said  persons. 

And  I  hereby  enjoin  upon  the  people  so  declared  to  be  free  to 
abstain  from  all  violence,  unless  in  necessary  self-defence ;  and  I 
recommend  to  them  that  in  all  cases  when  allowed,  they  labor  faith- 
fully for  reasonable  wages. 

And  I  further  declare  and  make  known,  that  such  persons,  of  suit- 
able condition,  will  be  received  into  the  armed  service  of  the  United 
States  to  garrison  forts,  positions,  stations,  and  other  places,  and  to 
man  vessels  of  all  sorts  in  said  service. 

And  upon  this  act,  sincerely  believed  to  be  an  act  of  justice, 
warranted  by  the  Constitution  upon  military  necessity,  I  invoke 
the  considerate  judgment  of  mankind  and  the  gracious  favor  of 
Almighty  God. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  caused 
the  seal  of  the  United  States  to  be  affixed.  Done  at  the 
city  of  Washington,  this  first  day  of  January,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-three, 
and  of  the  Independence  of  the  United  States  of  America 
the  eighty-seventh. 

ABRAHAM   LINCOLN. 
By  the  President : 

William  H.  Seward, 

Secretary  of  State, 


GLOSSARY   OF   TERMS.  357 


GLOSSARY    OF   TERMS. 

A. 

Absolute.  Kelating  to  a  monarchy.  An  absolute  monarchy  is  one 
in  which  the  ruler  has  absolute  control  of  the  government. 

Act.     A  law  of  the  United  States  or  of  a  State. 

Adjournment.    A  recess  or  vacation. 

Administration.  The  term  of  office  which  a  President  serves.  The 
name  given  to  a  President  and  the  Executive  Department,  as  the  admin- 
istration of  President  McKinley. 

Admiralty.  The  court  which  has  jurisdiction  of  maritime  questions 
and  offences.     That  which  pertains  to  seamen  or  to  naval  affairs. 

Affirmation.  A  declaration  for  the  proper  performance  of  a  public 
duty. 

Alien.  A  person  residing  in  a  country,  but  not  a  native  of  it ;  a 
foreigner. 

"All  other  persons."  A  phrase  used  in  the  Constitution  instead 
of  the  word  ' '  slaves. ' ' 

Alliance.  A  union  between  States  or  countries  for  some  general 
purpose,  usually  commerce.  In  an  alliance  the  union  is  not  strong,  and 
may  be  dissolved  at  any  time. 

Ambassador.  A  representative  of  the  highest  class  from  one  coun- 
try to  another.  He  looks  after  the  interests  of  the  country  which  he 
represents,  and  resides  at  the  capital  of  the  country  to  which  he  is  sent. 

Amendment.  Something  added  to  the  Constitution,  changing  some 
part  of  it. 

Appellate.  Pertaining  to  appeals.  The  jurisdiction  of  the  Supreme 
Court.  When  a  case  is  heard  in  a  lower  court  and  is  then  taken  to  a  higher 
court,  the  decision  of  the  latter  is  given  from  appellate  jurisdiction. 

Apportion.  To  divide  or  to  share  anything.  To  apportion  Kepre- 
sentativesis  to  divide  them  among  the  States  in  the  proper  proportion. 

Appropriation.  A  sum  of  money  which  is  authorized  by  law  to  be 
taken  out  of  the  Treasury. 

Aristocracy.  A  form  of  government  in  which  the  authority  is  given 
to  a  small  body  of  men,  who  have  much  power.  It  is  similar  to  an  abso- 
lute monarchy,  in  that  the  people  have  little  power. 


358  APPENDIX. 

Arsenal.  A  government  building  where  arms  and  amm_unition  are 
manufactured  and  kept. 

Articles  of  Confederation.  A  body  of  laws  passed  by  the  Second 
Continental  Congress  in  1777  and  ratified  by  the  States  in  1781.  They 
governed  the  country  from  1781  to  1789. 

Attainder.  Relating  to  bill  of  attainder.  A  bill  passed  by  some 
law-making  body  to  take  the  life  of  some  person  without  giving  him  a 
trial.     Attainder  of  treason  means  the  conviction  of  treason. 


Bail.  A  security ;  a  fixed  sum  of  money,  or  its  value  in  real  estate, 
which  is  required  for  the  release  of  a  person  charged  with  some  oflTence. 
When  the  case  is  settled  the  bail  is  discharged. 

Ballot.  A  slip  of  paper  used  in  voting,  on  which  the  voter  designates 
his  choice  of  candidates,  or  his  choice  on  any  matter  before  a  body. 

Bankrupt.     A  person  who  owes  more  than  he  can  pay. 

Bill.  A  proposed  law.  A  law  in  its  first  stage.  A  future  law  which 
has  not  gone  through  the  process  prescribed  by  the  Constitution. 

Bill  of  Rights.  The  first  ten  amendments  to  the  Constitution, 
adopted  in  1791.  All  of  these  give  rights  to  the  people  which  were  not 
mentioned  in  the  Constitution  when  it  was  made. 

Bills  of  Credit.     The  paper  money  of  a  country. 

Bounty.  A  sum  of  money  paid  by  the  government  to  a  person  for 
any  special  work. 

Bribery.  Something  of  value  given  to  a  person  to  influence  him  to 
do  wrong. 

O. 

Cabinet.  The  advisers  of  the  President.  The  Executive  Department. 
The  men  who  aid  the  President  in  the  execution  of  the  laws. 

Capital.  Relating  to  the  head.  The  capital  of  the  country  is  the 
head  or  chief  city.  A  capital  offence  is  one  that  was  formerly  punished 
by  cutting  oif  the  head,  but  at  the  present  time  is  punished  by  death. 

Capitation  Tax.  So  much  a  head,  or  a  certain  sum  of  money  for 
each  person.     A  poll-tax  is  a  capitation  tax. 

Census.     The  counting  of  the  people.     Its  uses  in  our  country  are  : 

1.  To  apportion  Representatives. 

2.  To  lay  direct  taxes. 

3.  As  a  matter  of  history. 

Charter.  Relating  to  a  colonial  form  of  government.  In  this  form 
the  people  had  the  most  rights.  These  rights  were  mentioned  in  a  written 
document  called  a  charter. 


GLOSSARY   OF   TERMS.  359 

Chief  Justice.  The  head  of  the  Supreme  Court.  The  judge  who 
directs  its  deliberations. 

Circuit.  A  certain  district  for  judicial  purposes.  Courts  established 
by  Congress.  There  are  nine  Circuit  Courts  in  the  United  States,  cor- 
responding to  the  number  of  judges  in  the  Supreme  Court.  Each  judge 
of  the  Supreme  Court  is  a  member  of  some  Circuit  Court.  Each  Circuit 
Court  has  two  judges, — viz.,  a  Supreme  Court  judge  and  a  Circuit  Court 
judge.  When  the  former  cannot  attend  his  Circuit  Court  the  other  judge 
acts  alone.  This  prevents  any  delay  in  business.  Circuit  Courts  decide 
civil  cases  and  deal  with  United  States  matters. 

Citizen.  An  inhabitant  who  has  special  rights.  Citizens  may  be 
natural  born  or  naturalized.     Men,  women,  and  children  are  citizens. 

Civil.  Not  military  ;  not  criminal.  A  civil  officer  is  one  who  aids  in 
conducting  the  business  of  the  government,  in  this  respect  being  the 
opposite  of  a  military  officer.  A  civil  case  is  one  in  which  no  crime  has 
been  committed,  but  simply  a  disagreement  exists  between  the  parties. 

Coin.  The  money  of  a  country  which  is  made  from  metal,  such  as 
gold,  silver,  and  copper. 

Colony.  A  small  body  of  people  occupying  a  tract  of  land  belonging 
to  a  nation,  but  situated  some  distance  from  it,  yet  still  being  under  its 
control. 

Commerce.  Trade ;  intercourse.  The  interchange  of  commodi- 
ties. 

Commission.  A  written  statement  signed  by  the  proper  officers  and 
given  to  a  person  occupying  a  public  position.  It  shows  that  such  person 
has  the  right  to  perform  the  duties  of  the  office.  A  body  of  men  selected 
to  perform  a  specified  work,  such  as  the  Electoral  Commission,  the  Spanish- 
American  War  Peace  Commission,  etc. 

Common  Ija"W.  Unwritten  law.  A  law  which  was  never  made  by 
a  Legislature.  A  law  derived  from  usage  or  custom.  That  a  President 
shall  have  but  two  terms  is  a  common  law. 

Compensation.  A  sum  of  money  ;  pay  ;  salary.  A  sum  of  money 
paid  to  a  government  officer  for  the  work  which  he  performs. 

Compromise.  An  agreement  reached  by  the  parties  to  a  dispute  in 
which  each  gives  up  a  portion  of  its  claims. 

Compulsory.  That  which  must  be  done.  The  taking  of  the  census 
is  compulsory  on  Congress, 

Concurrence.  Consent ;  agreement.  When  a  bill  passes  one  house 
it  must  have  the  concurrence  of  the  other  before  it  can  become  a  law. 

Confederation.  A  strong  union  between  States  or  countries  to  pro- 
mote a  common  interest,  especially  against  an  enemy  in  war. 


360  APPENDIX. 

Congress.  The  two  houses, — viz.,  Senate  and  House  of  Kepresenta- 
tives.  The  name  given  to  the  Legislative  Department  of  the  United 
States. 

Constitution.  The  main  or  fundamental  laws  of  the  country.  They 
specify  how  the  government  is  to  be  carried  on.  The  laws  upon  which 
all  future  laws  are  based. 

Constitutional.  Agreeing  with  the  Constitution.  A  law  is  said  to 
be  constitutional  when  it  accords  with  the  fundamental  law. 

Constitutionally.  Agreeably  to,  or  in  accordance  with,  the  United 
States  Constitution. 

Construe.    Explain  ;  interpret ;  taken  to  mean. 

Consul.  A  person  who  represents  his  country  at  an  important  foreign 
commercial  town.  His  business  is  to  protect  travellers  and  seamen  who 
come  from  his  own  country  and  to  watch  for  opportunities  for  the  exten- 
sion of  commerce. 

Contract.  A  written  and  signed  agreement  between  parties  to  do 
or  not  to  do  some  specified  work.  The  signing  of  the  contract  binds  the 
parties  thereto  to  faithfully  perform  its  provisions. 

Controversies.  Disputes ;  disagreements.  Various  cases  which 
come  before  the  courts. 

Convene.     To  assemble ;  to  bring  together. 

Convention.  A  meeting  of  delegates  chosen  by  the  people  to  frame 
a  constitution,  to  nominate  candidates,  or  to  adopt  a  set  of  political 
principles. 

Copyright.    A  government  protection  to  authors. 

Counterfeiting.  The  unlawful  coinage  or  making  of  the  money  or 
securities  of  the  United  States  or  of  any  foreign  country. 

Court.  The  place  where  the  laws  are  explained,  where  disputes  are 
settled,  and  where  violators  of  the  laws  are  punished. 

Crime.  An  action  of  one  or  more  persons  which  injures  the  character 
or  body  of  another. 

D. 

Democratic.  A  form  of  government  in  which  the  people  decide  all 
questions  for  themselves. 

Department.  One  of  the  many  branches  into  which  the  work  of 
the  government  has  been  divided. 

Direct  Taxes.  Taxes  laid  directly  upon  the  people.  Tax  on  real 
estate  and  personal  property. 

Disability.     Disqualification  to  hold  office.     Ineligible. 

Disqualification.     That  which  renders  one  ineligible  to  office. 


GLOSSARY   OF  TERMS.  361 

District  Courts.  Courts  established  by  Congress.  There  are  sixty- 
five  District  Courts,  distributed  among  the  different  States.  These  courts 
deal  with  criminal  cases  and  violations  of  the  national  laws. 

District  of  Columbia.    The  place  in  which  the  Capitol  is  located. 

Dock-yard.  A  government  place  where  war-ships  are  repaired  and 
naval  stores  are  kept. 

Duty.  A  sum  of  money  for  the  support  of  a  government,  generally 
levied  on  imports.  Ad  valorem,  specific,  and  compound  duties  are  the 
various  kinds  in  use  by  our  government. 


Elector.  A  voter.  A  common  elector  is  one  who  votes  on  all 
questions.  A  Presidential  elector  is  one  who  is  chosen  by  the  common 
electors  and  who  votes  for  President  and  Vice-President. 

Electoral  College.  All  the  Presidential  electors.  The  men  who 
elect  the  President  and  the  Vice-President. 

Eligible.     Having  the  proper  qualifications  to  hold  oflSce. 

Emolument.     A  present,  gift,  or  compensation. 

Enumeration.  The  act  of  counting.  The  census,  which  is  required 
to  be  taken  every  ten  years. 

Equity.  The  application  of  justice  to  those  cases  in  dispute  in  which 
there  is  no  law  upon  the  subject. 

Excises.  A  sum  of  money  for  the  support  of  a  government,  generally 
levied  on  goods  made  in  the  country. 

Executive.  That  branch  of  the  government  which  sees  that  the  laws 
made  by  Congress  are  enforced  or  carried  out.  The  President,  cabinet 
officers,  and  minor  officers  under  them  belong  to  the  executive  branch. 

Exports.    Goods  carried  out  of  a  country. 

Ex  Post  Facto.  A  law  which  increases  the  punishment  of  a  crime 
after  it  has  been  committed.  It  also  makes  an  act  a  crime  which  was  not 
a  crime  when  it  was  committed.     Such  laws  are  prohibited. 

Extradition.  The  exchange  of  fugitives  from  justice  between  two 
countries. 

Extraordinary.  Anything  unusual.  That  which  is  not  ordinary 
or  common.  An  extraordinary  session  of  Congress  is  one  that  is  not 
regularly  provided  for ;  it  is  convened  by  the  President. 


Felony.    Any  crime  of  a  serious  nature. 

Fine.     A  sum  of  money  imposed  by  a  court  for  the  violation  of  some 
law. 


362  APPENDIX. 

G. 

Governraent.  The  collection  of  laws  which  control  the  actions  of 
the  inhabitants  of  a  country.  That  part  of  society  selected  to  see  that 
the  laws  are  obeyed  and  that  the  business  of  the  nation  is  properly 
transacted. 

H. 

Habeas  Corpus.  A  writ  issued  by  a  judge  to  bring  a  prisoner  before 
him.  This  is  to  find  out  whether  the  prisoner  has  committed  such  a 
serious  crime  that  he  should  be  deprived  of  his  liberty.  This  can  be 
granted  only  before  a  regular  trial. 

House  of  Representatives.  One  of  the  two  houses  of  Congress. 
The  larger  branch  of  the  Legislative  Department.  The  branch  directly 
representing  the  people.     A  branch  of  a  State  Legislature. 

I. 

Imminent.  Impending,  near,  close  at  hand,  immediate.  An  immi- 
nent act  is  one  which  is  about  to  occur. 

Immunity.  A  special  right.  A  right  which  is  not  possessed  by  all 
the  people,  but  only  a  certain  part  thereof. 

Impeachment.  The  passing  of  a  bill  by  the  House  of  Kepresenta- 
tives  charging  an  oflficer  of  the  government  with  improper  conduct  while 
in  office. 

Imports.     Goods  brought  into  a  country. 

Imposts.  A  sum  of  money  levied  on  imports  for  the  support  of  the 
government. 

Indictment.  A  paper  drawn  up  by  a  district  attorney,  charging  a 
person  with  crime. 

Ineligible.  Not  qualified.  Not  possessing  the  proper  qualifications 
to  hold  office. 

Inhabitant.  One  who  lives  in  a  city.  State,  or  nation.  If  an  in- 
habitant is  born  or  naturalized  here,  he  has  certain  rights,  and  is  a  citizen  ; 
if  not,  he  is  simply  a  resident,  without  these  rights. 

Insurrection.  A  rising  of  the  people  against  certain  acts  of  the 
government.  In  an  insurrection  the  uprising  is  not  wide-spread  and 
there  is  no  harmonious  action. 

Invasion.  The  entering  of  an  armed  force  into  the  territory  of 
another  nation  without  its  consent. 

Involuntary  Servitude.  The  act  of  serving  against  one's  will. 
This  relates  to  prisoners,  who,  as  punishment  for  crime,  are  compelled  to 
serve  terms  in  prison  against  their  wills.  It  also  related  to  slavery.  Slaves 
were  compelled  against  their  wills  to  serve  their  owners. 


GLOSSARY   OF   TERMS.  363 


J. 


Judgment.  The  sentence  or  decision  of,  or  punishment  by,  a  court. 
Judgment  in  impeachment  cases  can  only  extend  to  removal  from  office, 
but  the  person  may  receive  another  judgment  in  a  regular  court. 

Judicial  Proceeding's.  A  record  of  all  trials  of  the  courts.  A 
book  containing  accounts  of  all  the  business  in  the  courts. 

Journal.  A  book  kept  by  each  house,  in  which  the  transactions  are 
written. 

Jurisdiction.  The  territory  over  which  the  power  of  a  country 
extends. 

Jury.  A  number  of  men  used  in  court  proceedings  to  judge  as  to  the 
guilt  or  innocence  of  an  accused  person.  The  grand  jury,  generally  con- 
sisting of  twenty- three  men,  decides  whether  the  evidence  against  an 
accused  person  is  sufficient  to  warrant  a  trial  in  court.  A  common  or 
petit  jury,  consisting  of  twelve  men,  judges  of  the  guilt  or  innocence  of 
the  accused. 


La"W.  A  bill  which  has  followed  the  course  prescribed  by  the  Consti- 
tution.    A  written  document  describing  what  may  and  may  not  be  done. 

Legislative.  Relating  to  that  branch  of  government  which  makei 
the  laws. 

Liiroited.  Relating  to  a  monarchy  in  which  the  power  of  the  ruler 
is  limited  by  a  constitution  and  in  which  the  people  have  some  rights. 


M. 

Magazine.     A  place  where  ammunition  is  stored. 

Majority.  Relates  generally  to  votes,  voting,  or  number.  More 
than  half,  as  33  -r-  2  =  17,  majority. 

Maritime.  Pertaining  to  the  sea.  Cases  which  arise  under  this  head- 
ing are  in  the  jurisdiction  of  the  United  States  courts. 

Marque  and  Reprisal.  Authority  from  a  government  to  private 
citizens  to  capture  the  goods  or  ships  of  citizens  of  a  country  with  whom 
it  is  at  war.  Letters  of  marque  and  reprisal  are  the  papers  which  give 
such  citizens  the  authority  to  go  on  the  high  seas  and  capture  vessels  of 
the  enemy. 

Militia.  The  citizen  soldiers  of  the  diflferent  States.  A  reserve  army 
called  upon  in  times  of  need.  Men  who  exercise  in  the  use  of  arms  at 
convenient  times,  but  who  still  pursue  their  usual  occupations. 


364  APPENDIX. 

Minister.  A  representative  of  one  country  to  another.  He  is  next 
in  importance  to  an  ambassador,  and  is  sent  to  countries  of  secondary 
importance.  He  looks  after  the  interests  of  his  country,  and  resides  at 
the  capital  of  the  country  to  which  he  is  sent. 

Misdemeanor.  A  crime  of  lower  degree  than  felony.  Felony  may 
be  punishable  by  death,  but  not  so  with  a  misdemeanor. 

Monarchy.  A  country  or  nation  ruled  by  a  monarch.  The  people 
have  no  voice  in  the  selection  of  the  monarch,  that  office  being  hereditary. 


N. 

Nation.  A  country  generally  composed  of  many  parts  under  the  con- 
trol of  one  ruler. 

Natural  Born.  Bom  within  a  country  or  in  any  place  subject  to  its 
jurisdiction. 

Naturalization.  The  method  by  which  a  foreigner  becomes  a 
citizen. 

Nobility.  Titles  by  which  persons  are  divided  into  diflferent  classes. 
These  titles  are  generally  found  in  monarchies.  In  the  United  States 
they  are  prohibited. 

O. 

Oath.  A  declaration  for  the  proper  performance  of  a  public  duty, 
made  with  the  hand  upon  the  Bible. 

Objections.  Keasons  which  the  President  writes  on  each  bill  that 
he  does  not  sign. 

Ordain.    To  order. 

Original  Jurisdiction.  Pertaining  to  the  j  urisdiction  of  the  Supreme 
Court.  The  beginning  and  ending  of  a  case  in  the  Supreme  Court.  Such 
cases  cannot  be  appealed. 

Overt.  Open  ;  public  ;  that  which  can  be  seen.  An  overt  act  is  one 
which  is  openly  performed  in  the  presence  of  other  people. 


P. 

Pardon.  An  absolute  release  from  prison  and  from  serving  the 
punishment  inflicted  by  some  court  as  a  punishment  for  crime. 

Party.  A  collection  of  citizens  who  believe  in  the  same  political  prin- 
ciples and  who  have  banded  themselves  together  to  have  their  principles 
put  into  practice.     One  side  to  a  controversy. 

Patent.    A  government  protection  to  inventors. 


GLOSSARY   OF   TERMS.  365 

Pension.  A  fixed  and  regular  sum  of  money  paid  by  the  govern- 
ment to  a  person  who  has  been  disabled  in  the  service  of  his  country. 
The  pension  lasts  during  the  lifetime  of  the  pensioner  and  goes  to  his  wife 
and  children  at  his  death. 

Piracy.  Kobbery  committed  on  the  high  sea.  This  crime  is  almost 
extinct  in  civilized  countries. 

Plurality.  The  number  of  votes  more  than  the  next  highest  candidate. 
If  there  are  one  thousand  votes  cast  and  A  gets  two  hundred,  B  three 
hundred  and  fifty,  and  C  four  hundred  and  fifty,  C  has  a  plurality  of 
one  hundred  votes  over  the  next  highest  candidate. 

Preamble.  To  go  before  ;  an  introductory  clause.  A  clause  or 
clauses  which  go  before  a  constitution  or  charter,  giving  the  reasons  for 
its  adoption. 

Proprietary.  Kelating  to  a  form  of  colonial  government.  In  this 
form  the  Governor  was  a  man  who  owned  the  land.  He  was  called  a 
"  proprietor. "     Most  of  the  rights  of  the  people  were  granted  by  him. 

Pro  Tempore.  For  the  time.  A  Senator  who  guides  the  actions  of 
the  Senate  when  the  Vice-President  is  absent  is  called  the  president  pro 
tempore.  A  Kepresentative  who  presides  over  the  House  of  Eepresenta- 
ti  ves  when  the  Speaker  is  away  is  called  the  Speaker  pro  tempore. 

Provincial  or  Royal.  Kelating  to  a  form  of  colonial  government 
Of  the  three  forms  of  colonial  government  this  one  had  the  least  rights. 
The  Governor  and  the  members  of  the  upper  house  of  the  Legislative 
Department  were  appointed  by  the  king.  The  lower  house  was  composed 
of  members  chosen  by  the  people. 

Public  Acts.    The  acts  or  laws  made  by  any  law-making  body. 

Q. 

Qualifications.  The  necessary  qualities  or  properties  which  entitle 
one  to  hold  oflBce. 

Quorum.  The  number  of  members  necessary  to  do  business.  A  frac- 
tional part  of  the  membership  of  each  house  which  must  be  present  in 
order  to  transact  business. 

R. 

Ratify.  To  give  consent  to  ;  to  agree  to ;  to  approve.  To  ratify  a 
constitution  is  to  give  consent  to  it. 

Rebellion.  An  uprising  of  many  people  against  the  authority  of  the 
government.     In  a  rebellion  the  people  act  together  and  have  leaders. 

Reconsider.  To  consider  again  ;  to  review.  "When  a  bill  is  vetoed 
by  the  President  it  must  be  reconsidered  by  Congress  if  it  is  desired  to 
make  it  a  law. 


366  APPENDIX. 

Representative.  A  member  of  the  United  States  House  of  Eepre- 
Bentatives.  One  who  directly  represents  the  people  in  Congress.  A 
member  of  the  lower  house  of  a  State  Legislature. 

Reprieve.  The  right  or  power  which  the  President  has  to  stop  the 
carrying  out  of  the  sentence  of  a  United  States  court.  The  Governor 
has  the  same  power  over  State  courts.  This  does  not  free  a  person,  but 
simply  gives  the  prisoner  the  benefit  of  time  in  order  to  produce  any  new 
and  important  evidence  that  may  be  found  after  he  has  been  sentenced. 
A  paper  containing  an  order  to  postpone  the  punishment  to  be  inflicted 
upon  a  convicted  party. 

Republican  Form  of  Government.  One  in  which  the  people 
rule  through  representatives. 

Requisition.  A  formal  demand  made  by  one  State  or  government 
upon  another  for  the  surrender  of  a  fugitive  from  justice. 

Resignation.  The  giving  up  of  an  office  before  the  term  of  service 
has  expired.  The  paper  which  contains  a  statement  or  notice  that  a 
person  desires  to  relinquish  his  authority  over  an  office. 

Revenue.  The  money  derived  from  taxation  and  used  for  the  support 
of  the  government. 

Revolution.     A  successful  rebellion. 


Search- Warrant.  A  paper  issued  by  a  court  giving  permission  to 
some  one  to  enter  a  house  to  search  for  goods  or  persons. 

Secession.  The  act  of  going  aside,  going  apart,  or  leaving.  The 
leaving  of  a  State  from  the  Union  when  such  State  thinks  it  proper  to 
do  so.  Many  States  left  the  Union  during  Lincoln's  administration  to  take 
part  in  the  Kebellion. 

Securities.  A  substitute  for  money.  Government  securities  are 
papers  showing  that  the  holder  is  entitled  to  money  from  the  government. 
Bonds  are  securities. 

Senate.  One  of  the  two  houses  of  Congress.  The  upper  and  smaller 
branch  of  the  Legislative  Department.  That  part  of  Congress  in  which 
the  States  are  represented.  The  upper  and  smaller  branch  of  a  State 
Legislature. 

Senator.  A  member  of  the  United  States  Senate.  One  who  repre- 
sents a  State  in  Congress.     A  member  of  a  State  Senate. 

Slavery.  The  keeping  of  slaves.  Involuntary  servitude.  Slaves  are 
persons  who  are  held  as  property  by  others.  They  can  be  bought  and 
sold  as  their  owners  see  fit. 

Society.     The  association  of  fellow-beings. 


GLOSSARY   OF  TERMS.  367 

Sole.  Only;  special;  exclusive.  "The  House  of  Representatives 
shall  have  sole  power  of  impeachment. ' ' 

Speaker.  The  person  who  directs  the  actions  of  the  House  of  Repre- 
sentatives.    He  must  be  a  member  of  that  body. 

State  Sovereignty.  The  idea  once  held  in  the  Southern  States  that 
they  could  refuse  to  obey  a  law  of  the  United  States  if  they  thought 
such  law  inimical  to  their  particular  interests.  This  was  one  of  the  causes 
of  the  Civil  War. 

"  Such  Persons."  A  phrase  used  to  avoid  the  word  slaves.  Sla- 
very is  mentioned  but  twice  in  the  Constitution, — viz.,  in  the  Thirteenth 
and  Fourteenth  Amendments. 

Suffrage.    The  right  to  vote. 

Supreme  Court.  The  highest  court  in  the  land.  It  was  established 
by  the  Constitution,  and  is  now  composed  of  nine  judges.  It  is  located 
at  Washington,  D.  C. 


Tariff.  A  schedule  of  taxes.  A  law  specifying  the  amount  of  im- 
port tax  to  be  levied  upon  each  article  brought  into  the  country. 

Tax.     A  sum  of  money  paid  to  a  government  for  its  support. 

Territory.  Land  of  the  government  used  for  various  purposes.  A 
part  of  the  United  States  not  organized  as  a  State,  but  under  the  direct 
control  of  Congress. 

Tonnage.    The  capacity  of  a  ship  in  tons. 

Treason.  ' '  Levying  war  against  the  United  States  or  adhering  to 
their  enemies,  giving  them  aid  and  comfort.*' 

Treaty.  An  agreement  between  nations  settling  questions  which  may 
be  in  dispute  between  them,  such  as  war,  boundaries,  commerce,  extra- 
dition, and  postal  affairs. 

Tribunals.  Courts  of  justice.  Places  where  criminals  are  tried  and 
disputes  settled. 


Uniform.  To  be  the  same  or  alike.  Taxes  shall  be  uniform  through- 
out the  United  States.  Naturalization  shall  be  uniform  in  the  United 
States.  Elections  for  President  shall  be  uniform  throughout  the  United 
States. 


Vacancy.    An  office  which  is  unfilled,  unoccupied,  or  empty,  caused 
by  death,  resignation,  removal,  or  sickness. 
Validity.    Valid ;  state  of  being  good  or  legal. 


368  APPENDIX. 

Veto.  ' '  I  forbid. ' '  The  refusal  of  the  President  to  Bign  a  bill  sent 
to  him  by  Congress.  A  method  of  preventing  a  bill  from  becoming  a 
law  on  its  first  passage. 

Vice-President.  The  officer  next  to  the  President.  The  one  who 
becomes  President  when  there  is  a  vacancy  in  that  office.  The  Vice- 
President  is  the  presiding  officer  of  the  Senate. 

W. 

Writ  of  Election.  A  paper  issued  to  the  sheriff  by  the  Governor  of 
a  State  authorizing  the  former  to  give  notice  to  the  voters  or  electors 
of  a  certain  district  that  an  election  will  be  held  on  a  particular  day. 
These  writs  are  issued  when  a  vacancy  occurs  in  the  representation  of  any 
State  in  the  United  States  House  of  Eepresentatives. 

Y. 

Yeas  and  Nays.  A  method  of  voting.  In  voting  by  yeas  and  nays 
a  person  answers  to  his  name,  saying  '  *  Yea  "  if  he  favors  the  matter 
under  discussion,  or  '  *  Nay  "  if  he  opposes  it. 


INDEX. 


Abolitionista,  269 

Absolute  monarchy,  21 

Adams,  John,  293 

Adams,  Samuel,  280,  281 

Adjournment,  86 

Ad  valorem  duty,  103, 104 

AflSrmatlon,  186, 187,  250,  251 

Alaska,  purchase  of,  141,  239 

Albany  Convention,  32,  33 

Alien,  110,  111 

Alien  Law,  222 

Alliance,  155, 157 

Ambassadors,  196, 197 

Amendment,  First,  256-258 ;  Second,  258, 
259;  Third,  259;  Fourth,  259,  260; 
Fifth,  260-263 ;  Sixth,  263, 264 ;  Seventh, 
264;  Eighth,  264,  265;  Ninth,  265; 
Tenth,  266;  Eleventh,  217,  266; 
Twelfth,  171,  172,  266,  267 ;  Thirteenth, 
145,  270;  Fourteenth,  111,  270;  Fif- 
teenth, 270 

Amendments  defined,  244,  245;  method 
of  making,  244-246 ;  number  of,  244 

American  System  of  Taxation,  106, 107 

Appellate  jurisdiction,  219,  220 

Appointments,  196-198 

Apportionment  of  Representatives,  62- 
65,  273,  274 

Apprentices,  232,  233 

Appropriations,  153 

Arbitration,  316-318 

Area  of  the  Colonies  of  the  United 
States,  238 ;  of  the  States,  237 ;  of  the 
Territories,  238 

Aristocracy,  22 

Armies,  131-133 

Arms,  the  right  to  bear,  258,  259 

Army,  government  of,  134 

Arrest,  freedom  of  Congressmen  from,  88 

Arsenals,  137, 139, 140 


Articles  of  Confederation,  39-43,  45,  46, 
49,  51,  54,  55,  56,  101,  141,  155,  163, 
211,  247,  249,  251 

Assemblage  and  petition,  256,  257,  258 

Attainder,  bill  of,  147, 155, 158 

Attainder  of  treason,  226 

Attorney-General  of  a  State,  15 

B. 

BaU,  264,  265 

Ballot,  85, 170, 171, 172 

Bankruptcy,  116, 117 

Barbary  States,  piracy  of,  128 

Bill,  definition  of,  89 ;  manner  of  passing, 

90-92 ;  of  revenue,  89 
Bill  of  Rights,  255 
Bonds,  108, 119, 122 
Borrowing  money,  107, 108 
Bribery,  203 
Brown,  John,  270 
Buoys,  110 
Bureau  of  Engraving,  117 


Cabinet  ofttcers,  188 

Calhoun,  John  C,  life  of,  288,  289;  on 

necessity  of  government,  4,  5 
California,  purchase  of,  239 
Candidates,  Presidential  and  Vice-Presi-. 

dential,  169 
Capital,  137-139 
Carpenters'  Hall,  35 
Census,  60,  61-65,  149 
Certificates,  170, 171, 173 
Charter  form  of  colonial  government, 

27,28 
Circuit  Courts,  127,  211,  212,  213 
Citizen,  definition  of,  272 ;  rights  of,  273 
City,  government  of,  11 ;  oflBcers  of,  11 
Civil  case,  264 
Civil  office,  88 


24 


370 


INDEX. 


Civil  officer,  89;  impeachment  of,  202, 

203 
Civil  society,  2 
Civil  War,  101, 119,  120,  130, 145,  270,  273, 

275,  276 
Clay,  Henry,  106,  286,  287 
Clearance  papers,  151, 152 
Cleveland,  Grover,  108,  109 
Coin,  117,  118,  119,  120, 121,  122 
Colonies,  government  of,  25-28 ;  rise  of, 

in  America,  25 ;  their  isolation,  31 
Colony,  25,  234 
Commerce,  108-110, 150-152 
Commissioner  of  Patents,  125;  of  Pen- 
sions, 319 
Commissions,  198, 199 
Common  law,  264 
Compensation   of    Congressmen  under 

the    Articles  of    Confederation,    87 ; 

under   the   Constitution,  87 ;   of   the 

President,  185, 186 
Complexity  of  Law,  209,  210 
Compound  duty,  103, 104 
Compromise  of  1850,  269,  270 
Compromises,  47,  48, 145, 165 
Confederation,  155, 157 
Congress,    First    Continental,    35,    109; 

Second  Continental,  35,  36,  49,  51, 118 ; 

Stamp  Act,  34 
Congress  of  the  United  States,  branches 

of,  56,  57  ;  meetings  of,  81 ;  power  over 

State  elections,  81 ;  powers  of,  99-142 ; 

sessions  of,  81,  82 
Constitution,  definition  of,  3 ;  in  limited 

monarchy,  21;  of  a  State,  12;  of  the 

United  States,  49,  54,  55,  99,  101,  141, 

163,  164,  251 
Constitutional,   meaning  of   the   term, 

94 
Constitutional   Convention,   46-48,    164, 

165,  268 
Constitutional  law,  92,  93 
Constitutional  monarchy,  21 
Consul,  197 

Contracts,  155, 158, 159 
Convention,  Trade,  45,  46 
Copyright  law,  125 
Copyrights,  123, 125 
Counterfeiting,  121, 122 
County,  a  division  of  a  State,  7  ;  officers 

of,  8,  9,  10 


Court  of  Claims,  127,  212,  213 ;  of  District 
of  Columbia,  127,  212,  213 ;  of  a  State, 
15,16 

Courtrmartial,  203,  262 

Credit,  bills  of,  155,  157 

Crime,  trial  for,  220,  221,  260-263,  264 

Cuba,  239,  240 

Custom-house,  105, 139, 140 


Debts  of  the  United  States  to  be  valid, 
247-249,  275,  276 

Declaration  of  Independence,  36,  37,  49, 
259 

Declaration  of  war,  128-130 

Democracy,  a  form  of  government,  22 

Democrats,  107 

Departments  of  the  cabinet:  Agricul- 
ture, 189, 190 ;  Attorney-General,  189 ; 
Interior,  189 ;  Navy,  189 ;  State,  188 ; 
Treasury,  188, 189 ;  War,  189 

Dickinson,  John,  40,  286 

Dingley  Bill,  107 

Direct  taxes,  101, 102,  104,  148,  149,  246, 
247 

Disqualification  to  hold  office,  274,  275 

District  Courts,  127,  211,  212,  213 

District  of  Columbia,  137-139,  238 

Dock-yards,  137, 139, 140 

Douglas,  Stephen  A.,  290, 291 

Dred  Scott  decision,  270 

Duties,  103, 104, 159, 160 

E. 

Election  for  electors,  179, 180 ;  for  Presi- 
dent, 176,  266,  267  ;  for  Vice-President, 
176 

Elections,  80,  81 

Electoral  College,  177, 178 ;  Commission, 
175 ;  vote  of  each  State,  237 

Electors,  163,  166, 168-176,  179,  180 

Emancipation  Proclamation,  270,  271, 
355,  356 

Equity,  214,  215 

Excises,  104 

Executive  Department  of  the  United 
States,  163, 164, 167  ;  of  a  State,  13-15 

Exhibitions,  126 

Expenditures,  152, 153 

Exports,  149, 150, 159 


INDEX. 


371 


Ex  post  facto,  147, 148, 155, 158 
Expulsion  of  members  of  Congress,  83, 

84 
Extradition  papers,  231,  232 
Extraordinary  session,  200,  202 

F. 

Federalist,  The,  50 

Felony,  128 

Fifteenth  Amendment,  270 

Fines,  264,  265 

Fisheries,  109 

Florida,  purchase  of,  141,  239 

Foreigner,  110,  111 

Forts,  137, 139, 140 

Fourteenth  Amendment,  111,  270 

France,  seizure  of  American  vessels  by, 

129 
Franklin,  Benjamin,  32,  33,  284,  285 
Free  trade,  107 
French  and  Indian  War,  32 
Fugitive  Slave  Law,  233,  269,  270 
Fugitives  from  justice,  230-232;   from 

labor,  232,  233 
Funding  System,  105,  249 


Gadsden  purchase,  239 

Gladstone,  William  E.,  50 

Government,  Calhoun  on,  4,  5 ;  civil,  2, 
3 ;  colonial  forms  of,  25-27 ;  different 
forms  of,  20-23 ;  of  the  United  States, 
23;  under  Second  Continental  Con- 
gress, 39,  40 

Governor,  13, 14, 160, 161 

Growth  of  the  country,  238,  239 

Guam  Island,  239 

Guarantee  to  States  by  the  United  States, 
241,242 

H. 

Habeas  corpus,  145-147,  262 

Hamilton,  Alexander,  49,  50,  105,  141, 

249,  281,  282 
Hamilton's  Plan,  47 
Hancock,  John,  35,  282 
Hawaiian  Islands,  239,  240 
Henry,  Patrick,  282,  283 
Honesty,  247,  248,  249 
Honor,  ofllce  of,  169 


Hospital,  Marine,  110 

House  of  Representatives,  56-68 ;  bills  of 
revenue  must  originate  in,  89,  90 ;  elec- 
tion of  President  by,  170, 171, 174, 175 

Huguenots,  25 

I. 

Immigration,  112-114 

Imminent,  161 

Immunities,  230 

Impeachment,  68,  76-80,  202,  203,  220 

Imports,  159 

Inauguration,  174,  175 

Independence  Hall,  35,  46 

Independence  of  the  Colonies,  86,  37 

Indictment,  260,  261 

Indirect  tax,  101, 102, 104 

Inspection  laws,  158 

Insurrection,  105,  106,  136,  242,  243,  275, 

276 
Interior,  Secretary  of,  140 
Invasions,  136,  242 
Involuntary  servitude,  271 

J. 

Jackson,  Andrew,  106, 129,  297,  298 

Jay,  John,  50,  299,  300 

Jefferson,  Thomas,  36,  118,  294,  295 

Johnson,  Andrew,  79 

Journal,  84 

Judges  of  the  United  States  courts,  214 

Judgment  in  impeachment  cases,  79,  80 

Judicial  Department  of  a  State,  15, 16 ; 

of  the  United  States,  210,  211 
Jurisdiction  of  the  United  States  courts, 

214-217 
Jury,  grand,  16,  260,  261;  petit,  16,  220, 

261-263 
Justice,  208,  209 

K. 

Kansas-Nebraska  Bill,  93,  94,  270 


Law,  constitutional,  92,  93 ;  definition  of, 
3,  89 ;  methods  of  making,  90-92 ;  of 
Nations,  128 ;  statute,  93,  94 ;  uses  of,  3 

Lee,  Richard  Henry,  36,  283 

Legislative  Department  of  a  State,  12; 
of  the  United  States,  167 

Legislative  power,  56 


372 


INDEX. 


Legislature,  power  of,  over  State  elec- 
tions, 81 
Liberator,  269 
Librarian  of  Congress,  123 
Lieutenant-Governor,  14 
Life-saving  service,  109 
Light-houses,  110 
Limited  monarchy,  21 
Lincoln,  Abraham,  146,  298,  299 
Lists,  170-173 
Literature,  123, 124 
Louisiana  purchase,  141,  239 

M. 

Mace,  67,  68 

Madison,  James,  46,  50,  295 

Magazines,  137 

Mail,  122,  123 

Majority  President,  179 

Majority  vote  in  Electoral  College,  170- 

174 
Man  a  social  being,  1 
Marque  and  reprisal,  128, 131,  155,  157 
Marshall,  John,  300 
Mason  and  Dixon's  Line,  309-311 
McKinley  Bill,  107 
Measures,  117, 120, 121 
Message  of  President,  200 
Metric  system,  121 
Mexican  War,  130 
Mexico,  purchase  from,  141    • 
Mileage,  88 

Military  Academy,  132,  133  ;  officers,  89 
Militia,  134-137,  160,  161,  242 
Mills  Bill,  107 
Minister,  196, 197 
Minority  Presidents,  178, 179 
Mint  mark,  117 
Mints,  117,  139, 140 
Misdemeanor,  203 

Missouri  Compromise,  93,  268,  269,  270 
Money,  107,  108,  117-122,  152, 153, 155,  157, 

158 
Monarchy,  absolute,  21 ;  comparison  of 

difEerent  kinds  of,  21, 22 ;  definition  of, 

20 ;  examples  of,  21 ;  kinds  of,  20,  21 ; 

limited,  21 
Monroe  Doctrine,  240 
Monroe,  James,  296,  297 
Morris,  Gouvemeur,  285,  286 
Morris.  Robert,  283,  284 


N. 

National  Guard,  134 
Nations,  Law  of,  128 
Naturalization,     higher    standard     of, 

114-116;  process  of,  110-112 
Naval  Academy,  133, 134 
Navy,  government  of,  134  ;  Secretary  of, 

133 
New  England  Confederation,  31,  32 
New  Jersey  Plan,  47 
Northwest  Territory,  236,  311,  312 
Nullification,  106,  250 


Oath  of  President,  186,  187 ;  of  State 
and  national  officers,  250,  251 ;  of  Vice- 
President,  187 

Office  of  honor,  154,  169;  of  trust,  154, 
169 

Officers  of  the  House,  66-68 ;  of  the  Sen- 
ate, 75,  76 

Orders,  94,  95 

Ordinance  of  1787,  268,  312 

Oregon  country,  239,  312,  313,  314 

Original  jurisdiction,  218 


P. 

Paper  money,  117, 118,  119, 120 
Pardons,  190,  191 ;  Board  of,  in  a  State, 

16 
Parks,  139, 140 
Parliament,  146 
Passports,  129,  318,  319 
Patents,  123, 125, 126 
Patterson,  William,  47 
Pension,  275,  276,  319,  320 
Petition  and  assemblage,  256,  257,  258 
Philippine  Islands,  141,  239,  240 
Pinckney,  Charles,  47 
Piracy,  128, 131 
Political  conventions,  305-307;  parties, 

302-305 
Poll-tax,  148 
Population  of  Colonies,  238;  of  States, 

237 ;  of  Territories,  238 
Porto  Rico,  239,  240 
Postmaster-General,  122 
Post-office,  122,  123,  140 
Post-road,  122 


INDEX. 


373 


Powers  reserved  to  States,  266 

Preamble,  54-56 

Presents,  154, 155 

President,  153,  154,  160, 163-167, 174-176 ; 
appoints  officers,  196-198 ;  calls  extra- 
ftcdiaacjL-SfiSsions,  200,  201;  as  com- 
mander-in-chief, 187,  188 ;  election  of, 
266,  267 ;  executes  the  laws,  200,  201 ; 
fills  vacancies,  198-200 ;  majority,  179  ; 
messages  of,  202;  minority,  178,  179; 
of  Senate,  173 ;  power  over  bills,  90-92, 
95;  power  over  militia,  135;  power 
over  treaties,  191, 192 ;  pro  tempore,  75, 
76, 173 ;  qualifications  of,  180-182 ;  term 
of  office  of,  164, 165, 

Presidential  electors,  166-174,  176 ;  suc- 
cession, 183,  184;  vacancies,  182- 
184 

Press,  freedom  of,  256,  257 

Privateers,  131 

Privileges,  230 

Proclamations,  307-309 

Property  of  the  United  States,  241 

Proprietary  form  of  colonial  govern- 
ment, 26,  28 

Protection,  107 ;  to  States,  242,  243 

Provincial  form  of  colonial  government, 
25,  26,  28 

Punishments,  264,  265 

Puritans,  25 

Q. 

Quakers,  25 

Qualifications  of  President,  180-182 ;  of 
Representatives,  59,  60;  of  Senators, 
74 ;  of  Vice-President,  182 

Quartering  Act,  34 

Quorum,  83;  in  House  of  Representa- 
tives, 170, 171, 174 ;  in  Senate,  174 


R. 

Railroads,  110, 122, 123 
Randolph,  Edmund,  284 
Randolph,  Peyton,  35 
Rebellion,  243,  275,  276 
Receipts,  152, 153 
Reciprocity,  107 
Religion,  freedom  of,  256,  257 
Religious  test,  257 


Representatives,  apportionment  of,  60- 
65,  273,  274 ;  as  Congressmen-at-large, 
63,  64 ;  definition  of,  58 ;  ineligible  as 
Presidential  electors,  163,  167,  169; 
qualifications  of,  59 ;  vacancy  in  office 
of,  65,  66 

Reprieves,  190 

Republic,  22,  23 

Republicans,  107 

Requisition  papers,  231 

Resolutions,  94,  95 

Resumption  of  specie  payment,  120 

Revenue  tariff,  107 

Revolutionary  War,  89, 100, 119 

Rights  reserved  to  the  people,  265 

Royal  form  of  colonial  government,  25, 
26,28 

Rules  of  each  house,  83,  84 


Science,  126, 127 

Scott,  Dred,  219 

Seaports,  150, 151, 152 

Search,  security  from,  259,  260 ;  warrant, 
260 

Secession  of  States,  270 

Secretary  of  a  State,  14 

Securities,  122 

Senate,  68-80;  chooses  the  Vice-Presi- 
dent, 172 ;  composition  of,  68,  69 ;  con- 
firms appointments,  191,  196-200 ;  offi- 
cers of,  75,  76 ;  power  over  treaties,  191, 
192 ;  vacancies  in,  71,  72 

Senators,  classes  of,  70, 71 ;  election  of,  by 
people,  72, 73 ;  ineligible  as  Presidential 
electors,  163,  167,  169;  qualifications 
of,  74 

Sessions,  extraordinary,  200, 201 ;  regular, 
81,82 

Shays's  Rebellion,  45,  276 

Slavery  abolished,  268,  270,  271 ;  defined, 
268 ;  history  of,  268-271 

Slave-trade,  144, 145 

Smithsonian  Institution,  126, 127 

Society,  civil,  2 ;  explained,  1 

Southwest  Territory,  236,  311,  312 

Spanish  War,  101, 108, 130 

Speaker,  66,  67 

Specific  duty,  103, 104 

Speech,  freedom  of,  256,  257 


374 


INDEX. 


Stamp  Act,  33,  34 

Stamp  Act  Congress,  34 

Stars  and  Stripes,  314-316 

State  records,  229 ;  Treasiirer,  14 

States,  area  of,  237;  date  of  admission, 
237;  definition  of,  234;  departments 
of  government  in,  12,  13,  15,  16;  dif- 
ferences from  Territories,  234,  235 ; 
electoral  votes  of,  237 ;  formed  from  old 
States,  235,  236 ;  government  of,  12-16  ; 
guarantee  to,  241,  242;  made  from 
Territories,  235 ;  names  of,  237 ;  newly 
admitted,  233,  234  ;  population  of,  237 ; 
protection  to,  242,  243 

Statute  law,  93,  94 

Steamships,  122, 123, 126 

Sumner,  Charles,  289,  290 

Suits  against  a  State,  266 ;  at  law,  16 

Superintendent  of  Public  Instruction, 
15 

Supreme  Court,  127,  210-212 

Supreme  law,  249,  250 

Surplus,  153, 159,  160 

Surveys,  110 

T. 

Taney,  Roger  B.,  300,  301 

Tariff,  103,  104,  106, 107 

Tax,  100 

Taxation,  100-107  ;  of  the  Colonies,  33  ; 
opposition  to,  33,  34 ;  troubles,  105-107 

Taxes,  direct,  148, 149,  246,  247 

Tellers,  voting  by,  86 

Tenure  of  Oflace  Act,  198 

Term  of  President,  164, 165 

Territorial  Courts,  127,  212,  213;  expan- 
sion, 239,  240 

Territories,  234, 235, 236, 238 ;  government 

'    of,  241 

Texas,  annexation  of,  239,  269 

Thirteenth  Amendment,  145,  270 

Titles,  153, 154, 155 

Tonnage  duty,  160 

Town,  incorporated,  10 ;  ofllcers,  11 

Township,  a  division  of  a  county,  7; 
officers,  8;  system  of  New  England, 
28,29 

Trade  Convention,  45,  46 

Treason,  203 ;  conviction  of,  223;  defined, 
222,  223;  examples  of,  224,  225,  226; 
punishment  of,  226,  227 


Treasury,  119,  120,  152,  153,  159,  160; 
Secretary  of,  105, 152, 154 

Treaty,  155, 156, 157  ;  Jay's,  193 ;  method 
of  making,  191,  192;  of  Washington, 
194, 195 ;  with  England,  192,  193 ;  with 
Mexico,  194  ;  with  Spain,  195 

Treaty  of  1842, 193 

Treaty  of  1846, 193, 194 

Trial  for  crime,  220,  221,  260-263,  264 

Tribunals,  127 

Tripoli,  war  with,  130 

Troops,  quartering  of,  259 

T^ust,  office  of,  169 

U. 

United  Colonies  of  New  England,  31,  32 
United  States  government,  23 

V. 

Vacancy  in  House  of  Representatives, 
65,  66 ;  in  Senate,  70,  71,  72 ;  in  other 
offices,  198-200 ;  Presidential,  182-184 

Veto,  meaning  of,  91,  92 ;  pocket,  92 

Vice-President,  74,  75,  163,  164,  166,  170, 
171,  172,  174,  175, 176, 182 

Virginia  Plan,  46,  47 

Viva  voce  method  of  voting,  85,  86 

Vote  in  Electoral  College,  170,  171,  173, 
174 ;  in  House  of  Representatives,  94, 
95, 170,  172,  174 ;  in  Senate,  172 ;  right 

.    to,  not  to  be  denied,  277 

Voting  by  ballot,  85 ;  by  sides  or  tellers, 
86 ;  vive  voce,  85,  86 ;  by  yeas  and  nays, 
84,85 

w. 

War,  128-131 

Washington,  city  of,  138, 139 
Washington,  George,  165,  291-293 
Weather  Bureau,  110 
Webster,  Daniel,  287,  288 
Weights,  117, 120, 121 
Wilmot  Proviso,  269 
Wilson,  James,  50 
Wilson-Gorman  Bill,  107 
Writs  of  election,  66 

Y. 

Yea  and  nay  method  of  voting,  84,  85 


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